Heath v President of the Republic of South Africa (14440/2016) [2017] ZAWCHC 146; [2018] 1 All SA 740 (WCC) (6 December 2017)

Heath v President of the Republic of South Africa (14440/2016) [2017] ZAWCHC 146; [2018] 1 All SA 740 (WCC) (6 December 2017)

The court found that the applicant's delay of over 15 years in bringing the review application was grossly unreasonable and not adequately explained. The explanations offered—political sensitivity, reluctance to embarrass senior judicial figures, and alleged financial constraints—were insufficient and unsupported by evidence. The court held that the President's refusal to discharge the applicant was rational, having been made after consultation with senior members of the judiciary. The applicant's resignation was voluntary, and he willingly pursued a private sector career. Granting the relief sought would result in double remuneration, contravening statutory provisions and prejudicing the...

Citation
[2017] ZAWCHC 146
Parties
Applicant: Willem Hendrik Heath; Respondent: President of the Republic of South Africa; Respondent: Minister of Justice and Constitutional Development
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
6 December 2017
Case Number
14440/2016
Procedural Posture
Review Application / Judgment on Application for Condonation and Merits
Outcome
Application for condonation and substantive relief dismissed with costs, including costs of two counsel.
Judges
Gamble, Dlodlo, Baartman
Legal Topics
Judicial Independence, Separation of Powers, Delay in Review, Legality Review, Judges Remuneration, Constructive Dismissal
Constitutional Law Civil Procedure Judicial Independence Separation of Powers Delay in Review Legality Review Judges Remuneration Constructive Dismissal

Case Brief

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Parties

Willem Hendrik Heath

Applicant

President of the Republic of South Africa

Respondent

Minister of Justice and Constitutional Development

Respondent

Procedural Posture

Review Application / Judgment on Application for Condonation and Merits

Legal Issues

  1. 1 Whether the President's refusal to discharge the applicant from judicial office was unlawful and irrational.
  2. 2 Whether the delay of over 15 years in bringing the review application should be condoned.
  3. 3 Whether the applicant is entitled to judicial benefits following his resignation.

Ratio Decidendi

The court found that the applicant's delay of over 15 years in bringing the review application was grossly unreasonable and not adequately explained. The explanations offered—political sensitivity, reluctance to embarrass senior judicial figures, and alleged financial constraints—were insufficient and unsupported by evidence. The court held that the President's refusal to discharge the applicant was rational, having been made after consultation with senior members of the judiciary. The applicant's resignation was voluntary, and he willingly pursued a private sector career. Granting the relief sought would result in double remuneration, contravening statutory provisions and prejudicing the...

Court Disposition

Application for condonation and substantive relief dismissed with costs, including costs of two counsel.

Orders

  • The application for condonation is dismissed.
  • The relief sought in prayers 1 to 5 of the notice of motion is refused.