Herman v Minister of Justice and Constitutional Development and Another (67151.2013) [2013] ZAGPPHC 500 (19 December 2013)

Herman v Minister of Justice and Constitutional Development and Another (67151.2013) [2013] ZAGPPHC 500 (19 December 2013)

The application for leave to appeal is dismissed because the applicant has not demonstrated reasonable prospects of success on appeal. The court found that the retirement age for sheriffs is 65, as provided by section 4(1) of the Sheriff’s Act 90 of 1986, unless the Minister determines a further age, which did not occur in this case. The regulation cited by the applicant applies only to transitional appointments and is not relevant to his situation. The argument regarding the invalidity of the second respondent’s appointment is unfounded, as sheriffs may be appointed to serve High Court processes in magisterial districts without a seat of a high court, and the applicant himself identifies...

Citation
[2013] ZAGPPHC 500
Parties
Applicant: John Herman; Respondent: Minister of Justice and Constitutional Development; Respondent: Nkwadi Simon Maremane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 December 2013
Case Number
67151/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Main Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
S P Mothle
Legal Topics
Retirement Age of Sheriffs, Ministerial Discretion, Transitional Regulations, Leave to Appeal, Costs Order
Administrative Law Civil Procedure Retirement Age of Sheriffs Ministerial Discretion Transitional Regulations Leave to Appeal Costs Order

Case Brief

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Parties

John Herman

Applicant

Minister of Justice and Constitutional Development

Respondent

Nkwadi Simon Maremane

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Main Judgment

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the main judgment.
  2. 2 Whether the retirement age for sheriffs is 65 or 70 under the relevant legislation and regulations.
  3. 3 Whether the Minister validly appointed the second respondent as sheriff for the relevant district.

Ratio Decidendi

The application for leave to appeal is dismissed because the applicant has not demonstrated reasonable prospects of success on appeal. The court found that the retirement age for sheriffs is 65, as provided by section 4(1) of the Sheriff’s Act 90 of 1986, unless the Minister determines a further age, which did not occur in this case. The regulation cited by the applicant applies only to transitional appointments and is not relevant to his situation. The argument regarding the invalidity of the second respondent’s appointment is unfounded, as sheriffs may be appointed to serve High Court processes in magisterial districts without a seat of a high court, and the applicant himself identifies...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the first respondent.