Indigenous Film Distribution (Pty) Ltd and Another v Film & Publication Board and Another (13843/18) [2018] ZAGPPHC 590 (8 May 2018)

Indigenous Film Distribution (Pty) Ltd and Another v Film & Publication Board and Another (13843/18) [2018] ZAGPPHC 590 (8 May 2018)

The court held that the National House of Traditional Leaders had not established a right to intervene in the interim proceedings, as they were not cited or served and the urgent proceedings had already taken place. The Tribunal's decision was found to be procedurally and jurisdictionally flawed, as the appellants...

Source-derived case information.

Citation
[2018] ZAGPPHC 590
Parties
Applicant: Indigenous Film Distribution (Pty) Ltd; Respondent: Film & Publication Board; Applicant: National House of Traditional Leaders
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 May 2018
Case Number
13843/18
Procedural Posture
Urgent Application / Interim Application to Suspend Tribunal Decision Pending Review; Application for Intervention
Outcome
Application for intervention dismissed with costs, including costs of two counsel.
Judges
Tuchten
Legal Topics
Review of Administrative Action, Interim Relief, Intervention, Audi Alteram Partem, Balance of Convenience
Administrative Law Civil Procedure Review of Administrative Action Interim Relief Intervention Audi Alteram Partem Balance of Convenience

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Summary, issues, holding and outcome

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Parties

Indigenous Film Distribution (Pty) Ltd

Applicant

Film & Publication Board

Respondent

National House of Traditional Leaders

Applicant

Procedural Posture

Urgent Application / Interim Application to Suspend Tribunal Decision Pending Review; Application for Intervention

Legal Issues

  1. 1 Whether the National House of Traditional Leaders should be permitted to intervene in the interim proceedings.
  2. 2 Whether the interim order permitting public screening of the film should be set aside pending review.
  3. 3 Whether the Tribunal's decision was procedurally and jurisdictionally valid.

Ratio Decidendi

The court held that the National House of Traditional Leaders had not established a right to intervene in the interim proceedings, as they were not cited or served and the urgent proceedings had already taken place. The Tribunal's decision was found to be procedurally and jurisdictionally flawed, as the appellants before the Tribunal had no right of appeal and the Tribunal lacked jurisdiction. The applicants had established a strong case for interim relief, supported by artistic merit, public interest, and financial considerations. The balance of convenience overwhelmingly favoured the applicants, and the intervention application was dismissed. Costs were awarded against the applicant for...

Court Disposition

Application for intervention dismissed with costs, including costs of two counsel.

Orders

  • The application for intervention by the National House of Traditional Leaders is dismissed with costs, including the costs consequent upon the employment of two counsel.