Helen Suzman Foundation and Another v Minister of Police and Others (23199/16) [2016] ZAGPPHC 1191 (19 October 2016)

Helen Suzman Foundation and Another v Minister of Police and Others (23199/16) [2016] ZAGPPHC 1191 (19 October 2016)

The court held that the applicants failed to establish a compelling, exceptionally clear case for an interim interdict preventing the second respondent from performing his statutory duties as National Head of the DPCI. While the Minister was not entitled to ignore adverse judicial findings regarding the second respondent's integrity, and the process aspect of the appointment may be subject to successful review, the applicants did not demonstrate irreparable harm that would justify interim relief. The harm postulated was not irreparable, as decisions made by the second respondent could be challenged individually, and the reviewing court retains discretion to make just and equitable orders....

Citation
[2016] ZAGPPHC 1191
Parties
Applicant: Helen Suzman Foundation; Applicant: Freedom Under Law; Respondent: Minister of Police; Respondent: Mthandazo Berning Ntlemeza; Respondent: Directorate for Priority Crime Investigation; Respondent: Cabinet of the Republic of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 October 2016
Case Number
23199/16
Procedural Posture
Urgent Application / Interim Interdict (part A) Pending Review (part B)
Outcome
Application for interim relief dismissed; no order as to costs.
Judges
Tuchten
Legal Topics
Fit and Proper Person, Appointment of Public Officials, Judicial Review, Interim Interdict, Separation of Powers
Administrative Law Constitutional Law Fit and Proper Person Appointment of Public Officials Judicial Review Interim Interdict Separation of Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Helen Suzman Foundation

Applicant

Freedom Under Law

Applicant

Minister of Police

Respondent

Mthandazo Berning Ntlemeza

Respondent

Directorate for Priority Crime Investigation

Respondent

Cabinet of the Republic of South Africa

Respondent

Procedural Posture

Urgent Application / Interim Interdict (part A) Pending Review (part B)

Legal Issues

  1. 1 Whether the Minister of Police lawfully appointed the second respondent as National Head of the DPCI.
  2. 2 Whether the Minister failed to consider relevant adverse judicial findings regarding the second respondent's integrity.
  3. 3 Whether the applicants are entitled to an interim interdict restraining the second respondent from exercising powers pending review.

Ratio Decidendi

The court held that the applicants failed to establish a compelling, exceptionally clear case for an interim interdict preventing the second respondent from performing his statutory duties as National Head of the DPCI. While the Minister was not entitled to ignore adverse judicial findings regarding the second respondent's integrity, and the process aspect of the appointment may be subject to successful review, the applicants did not demonstrate irreparable harm that would justify interim relief. The harm postulated was not irreparable, as decisions made by the second respondent could be challenged individually, and the reviewing court retains discretion to make just and equitable orders....

Court Disposition

Application for interim relief dismissed; no order as to costs.

Orders

  • The application for relief pendente lite is dismissed.
  • There will be no order as to costs.