Helen Suzman Foundation and Another v Minister of Police and Others (23199/16) [2017] ZAGPPHC 151; [2017] 3 All SA 253 (GP) (10 May 2017)

Helen Suzman Foundation and Another v Minister of Police and Others (23199/16) [2017] ZAGPPHC 151; [2017] 3 All SA 253 (GP) (10 May 2017)

The court found that the applicants had established exceptional circumstances as required by section 18 of the Superior Courts Act. The adverse judicial findings against Ntlemeza regarding his honesty and integrity, the importance of the DPCI, and the public interest in the integrity of law enforcement justified...

Source-derived case information.

Citation
[2017] ZAGPPHC 151
Parties
Applicant: Helen Suzman Foundation; Applicant: Freedom Under Law NPC; Respondent: Minister of Police; Respondent: Mthandazo Berning Ntlemeza; Respondent: Directorate for Priority Crime Investigation; Respondent: Cabinet of the Republic of South Africa; Respondent: Minister of Justice and Constitutional Development
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 May 2017
Case Number
23199/16
Procedural Posture
Urgent Application / Counter Application Under Section 18 of the Superior Courts Act Following Refusal of Leave to Appeal
Outcome
Application granted; order enforced pending appeal; costs awarded against second respondent.
Judges
P.M. Mabuse, N. Kollapen, S.A.M. Baqwa
Legal Topics
Judicial Discretion, Suspension of Orders Pending Appeal, Irreparable Harm, Exceptional Circumstances, Fitness for Public Office, Appointment and Removal of Public Officials
Administrative Law Constitutional Law Civil Procedure Judicial Discretion Suspension of Orders Pending Appeal Irreparable Harm Exceptional Circumstances Fitness for Public Office +1 more

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Parties

Helen Suzman Foundation

Applicant

Freedom Under Law NPC

Applicant

Minister of Police

Respondent

Mthandazo Berning Ntlemeza

Respondent

Directorate for Priority Crime Investigation

Respondent

Cabinet of the Republic of South Africa

Respondent

Minister of Justice and Constitutional Development

Respondent

Procedural Posture

Urgent Application / Counter Application Under Section 18 of the Superior Courts Act Following Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify enforcement of the order pending appeal.
  2. 2 Whether the applicants will suffer irreparable harm if the order is suspended.
  3. 3 Whether the respondent will suffer irreparable harm if the order is enforced.

Ratio Decidendi

The court found that the applicants had established exceptional circumstances as required by section 18 of the Superior Courts Act. The adverse judicial findings against Ntlemeza regarding his honesty and integrity, the importance of the DPCI, and the public interest in the integrity of law enforcement justified immediate enforcement of the order. The applicants demonstrated that irreparable harm would result to the administration of justice and public trust if Ntlemeza remained in office pending appeal, while Ntlemeza would not suffer irreparable harm as he would retain his status and income within the SAPS. The court rejected Ntlemeza's arguments regarding harm to his reputation and the...

Court Disposition

Application granted; order enforced pending appeal; costs awarded against second respondent.

Orders

  • The application is granted.
  • The operation and execution of the order granted under case number 23199/16 on 17 March 2017 is not suspended and will continue to be operational and executed in full, regardless of any applications for leave to appeal or petitions for leave to appeal.