Hunter v Financial Services Board and Others (3275/2016) [2017] ZAGPPHC 258 (16 March 2017)

Hunter v Financial Services Board and Others (3275/2016) [2017] ZAGPPHC 258 (16 March 2017)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The FSB had already acted by appointing Mr Mort to conduct the investigation, and there was no evidence of irregular or unlawful conduct requiring the relief sought. The applicant lacked locus standi to prescribe how the FSB should perform its statutory functions. The relief sought would have no practical effect, as the investigation was ongoing and the FSB and Minister would decide on further action upon its completion. No compelling reason existed for the appeal to be heard, and the application for leave to appeal was refused with costs.

Citation
[2017] ZAGPPHC 258
Parties
Applicant: Rosemary Thèrèse Hunter; Respondent: Financial Services Board; Respondent: Abel Moffat Sithole N.O.; Respondent: Dube Phineas Tshidi N.O.; Respondent: Jurgen Arnold Boyd N.O.; Respondent: Pravin Gorohan N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 March 2017
Case Number
3275/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application and Refusal of Amendment.
Outcome
Application for leave to appeal refused with costs, including costs of two counsel where employed.
Judges
HF Jacobs
Legal Topics
Leave to Appeal, Locus Standi, Interdictory Relief, Superior Courts Act, Judicial Review
Administrative Law Civil Procedure Leave to Appeal Locus Standi Interdictory Relief Superior Courts Act Judicial Review

Case Brief

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Parties

Rosemary Thèrèse Hunter

Applicant

Financial Services Board

Respondent

Abel Moffat Sithole N.O.

Respondent

Dube Phineas Tshidi N.O.

Respondent

Jurgen Arnold Boyd N.O.

Respondent

Pravin Gorohan N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application and Refusal of Amendment.

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the refusal of her application for amendment and interdictory relief.
  2. 2 Whether the applicant has locus standi to seek the relief claimed.
  3. 3 Whether there is any compelling reason for the appeal to be heard.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The FSB had already acted by appointing Mr Mort to conduct the investigation, and there was no evidence of irregular or unlawful conduct requiring the relief sought. The applicant lacked locus standi to prescribe how the FSB should perform its statutory functions. The relief sought would have no practical effect, as the investigation was ongoing and the FSB and Minister would decide on further action upon its completion. No compelling reason existed for the appeal to be heard, and the application for leave to appeal was refused with costs.

Court Disposition

Application for leave to appeal refused with costs, including costs of two counsel where employed.

Orders

  • The application for leave to appeal is refused.
  • The applicant is ordered to pay the costs of the application, including the costs of two counsel where so employed.