Jacobs v Msukaligwe Munisipalitiet en Andere (31189/2006) [2007] ZAGPHC 114 (20 June 2007)

Jacobs v Msukaligwe Munisipalitiet en Andere (31189/2006) [2007] ZAGPHC 114 (20 June 2007)

The court found that the applicant was aware of the tender outcome and his unsuccessful bid as early as April 2005, yet failed to take any meaningful action for over a year. No satisfactory explanation was provided for this delay. During this period, the property was fully developed and businesses commenced operations. The court held that condonation for the late filing of the review application was not justified, as the interests of justice did not require it. Furthermore, any order setting aside the municipal decision would have no practical effect, as the development was complete and the relief sought would be purely academic. The application was, in substance, a request for a...

Citation
[2007] ZAGPHC 114
Parties
Applicant: Salmon Jacobus Jacobs; Respondent: Msukaligwe Munisipaliteit; Respondent: Die Munisipale Bestuur van die Msukaligwe Munisipaliteit; Respondent: James Martin Loubser N.O.; Respondent: Noelene Loubser N.O.; Respondent: Vincent Loubser N.O.; Respondent: Winter Breeze Trading (Pty) Ltd
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
20 June 2007
Case Number
31189/2006
Procedural Posture
Review Application / Hearing and Judgment on Points in Limine
Outcome
Application dismissed with costs.
Judges
Pretorius R
Legal Topics
Promotion of Administrative Justice Act, Condonation, Municipal Tender, Judicial Discretion, Declaration of Rights
Administrative Law Land and Property Promotion of Administrative Justice Act Condonation Municipal Tender Judicial Discretion Declaration of Rights

Case Brief

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Parties

Salmon Jacobus Jacobs

Applicant

Msukaligwe Munisipaliteit

Respondent

Die Munisipale Bestuur van die Msukaligwe Munisipaliteit

Respondent

James Martin Loubser N.O.

Respondent

Noelene Loubser N.O.

Respondent

Vincent Loubser N.O.

Respondent

Winter Breeze Trading (Pty) Ltd

Respondent

Procedural Posture

Review Application / Hearing and Judgment on Points in Limine

Legal Issues

  1. 1 Whether the applicant's delay in bringing the review application should be condoned under section 9 of PAJA.
  2. 2 Whether the relief sought would have any practical effect given the development of the property.
  3. 3 Whether the application amounts to a declaration of rights under the guise of review.

Ratio Decidendi

The court found that the applicant was aware of the tender outcome and his unsuccessful bid as early as April 2005, yet failed to take any meaningful action for over a year. No satisfactory explanation was provided for this delay. During this period, the property was fully developed and businesses commenced operations. The court held that condonation for the late filing of the review application was not justified, as the interests of justice did not require it. Furthermore, any order setting aside the municipal decision would have no practical effect, as the development was complete and the relief sought would be purely academic. The application was, in substance, a request for a...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.