Hlamandana and Another v Premier, Eastern Cape Provincial Government and Others (Leave to Appeal) (2227/2023) [2025] ZAECMHC 61 (8 July 2025)

Hlamandana and Another v Premier, Eastern Cape Provincial Government and Others (Leave to Appeal) (2227/2023) [2025] ZAECMHC 61 (8 July 2025)

The court found that the applicants' grounds for leave to appeal were without merit. The remittal order was justified under Section 8(1)(c)(i) of PAJA and Section 172(1)(b) of the Constitution, which empower courts to grant just and equitable remedies, including remittal for reconsideration by the administrator. The applicants' argument that the remittal was not sought by any party was rejected, as the relief sought was broad enough to encompass such an order. The court held that the fourth respondent was lawfully appointed and the proceedings were still extant, thus he was not functus officio. No prejudice was shown by the applicants, and technical objections could not justify...

Citation
[2025] ZAECMHC 61
Parties
Applicant: Mthetho Hlamandana; Applicant: Bhekameva Royal Family; Respondent: Premier, Eastern Cape Provincial Government; Respondent: MEC for Cooperative Governance and Traditional Affairs, Eastern Cape; Respondent: Isikelo Traditional Council; Respondent: Adv. N. James N.O.
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
8 July 2025
Case Number
2227/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 4 February 2025; Application Heard on 2 July 2025 and Judgment Delivered on 8 July 2025.
Outcome
Application for leave to appeal dismissed with costs on an attorney and client scale, jointly and severally.
Judges
Zono
Legal Topics
Remittal of Administrative Action, Just and Equitable Remedy, Judicial Review, Punitive Costs, Statutory Interpretation
Administrative Law Civil Procedure Remittal of Administrative Action Just and Equitable Remedy Judicial Review Punitive Costs Statutory Interpretation

Case Brief

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Parties

Mthetho Hlamandana

Applicant

Bhekameva Royal Family

Applicant

Premier, Eastern Cape Provincial Government

Respondent

MEC for Cooperative Governance and Traditional Affairs, Eastern Cape

Respondent

Isikelo Traditional Council

Respondent

Adv. N. James N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 4 February 2025; Application Heard on 2 July 2025 and Judgment Delivered on 8 July 2025.

Legal Issues

  1. 1 Whether the remittal of the matter to the fourth respondent was justified and lawful.
  2. 2 Whether the remittal order was impermissibly vague, incomplete, or incoherent.
  3. 3 Whether the fourth respondent was functus officio and could lawfully reconsider the matter.

Ratio Decidendi

The court found that the applicants' grounds for leave to appeal were without merit. The remittal order was justified under Section 8(1)(c)(i) of PAJA and Section 172(1)(b) of the Constitution, which empower courts to grant just and equitable remedies, including remittal for reconsideration by the administrator. The applicants' argument that the remittal was not sought by any party was rejected, as the relief sought was broad enough to encompass such an order. The court held that the fourth respondent was lawfully appointed and the proceedings were still extant, thus he was not functus officio. No prejudice was shown by the applicants, and technical objections could not justify...

Court Disposition

Application for leave to appeal dismissed with costs on an attorney and client scale, jointly and severally.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay costs of the application on an attorney and client scale jointly and severally, the one paying the other to be absolved (Scale C).