Hoho v Speaker of the Eastern Cape Legislature and Another (11/2011) [2012] ZAECBHC 4 (26 April 2012)

Hoho v Speaker of the Eastern Cape Legislature and Another (11/2011) [2012] ZAECBHC 4 (26 April 2012)

The court found no merit in the applicant's allegations of bias, noting that its engagement with the defendants' counsel was limited to legal debate and did not constitute undue assistance. The court held that the instruction by the second defendant, even if accepted as administrative action, must be challenged under PAJA, which gives effect to section 33 of the Constitution. The applicant failed to demonstrate locus standi in his particulars of claim. The court did not make findings on defects not raised by the defendants, but merely commented to assist the applicant in future proceedings. The costs order was justified as the defendants were successful on the majority of their...

Citation
[2012] ZAECBHC 4
Parties
Applicant: Kerr Hoho; Respondent: Speaker of the Eastern Cape Legislature; Respondent: Secretary to the Eastern Cape Legislature
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
26 April 2012
Case Number
11/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following an Upheld Exception to Particulars of Claim.
Outcome
Application for leave to appeal dismissed with costs.
Judges
D Van Zyl
Legal Topics
Exception to Particulars of Claim, Administrative Action, Promotion of Administrative Justice Act, Locus Standi
Civil Procedure Constitutional Law Exception to Particulars of Claim Administrative Action Promotion of Administrative Justice Act Locus Standi

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 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Kerr Hoho

Applicant

Speaker of the Eastern Cape Legislature

Respondent

Secretary to the Eastern Cape Legislature

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following an Upheld Exception to Particulars of Claim.

Legal Issues

  1. 1 Whether the court displayed bias in handling the defendants' exception.
  2. 2 Whether the instruction by the second defendant constituted unconstitutional administrative action.
  3. 3 Whether the court erred in requiring the plaintiff to rely on PAJA rather than section 33 of the Constitution.

Ratio Decidendi

The court found no merit in the applicant's allegations of bias, noting that its engagement with the defendants' counsel was limited to legal debate and did not constitute undue assistance. The court held that the instruction by the second defendant, even if accepted as administrative action, must be challenged under PAJA, which gives effect to section 33 of the Constitution. The applicant failed to demonstrate locus standi in his particulars of claim. The court did not make findings on defects not raised by the defendants, but merely commented to assist the applicant in future proceedings. The costs order was justified as the defendants were successful on the majority of their...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.