Jeebhai and Others v Minister of Home Affairs and Another (139/08) [2008] ZASCA 160; 2009 (4) SA 662 (SCA) ; [2009] 2 All SA 330 (SCA) (27 November 2008)

Jeebhai and Others v Minister of Home Affairs and Another (139/08) [2008] ZASCA 160; 2009 (4) SA 662 (SCA) ; [2009] 2 All SA 330 (SCA) (27 November 2008)

The majority held that the appeal record was in a lamentable state, containing numerous irrelevant documents and lacking coherence, in flagrant disregard of the rules and practice directions of the Supreme Court of Appeal. The attorney for the appellants, Mr Zehir Omar, certified that the entire record should be read and that a core bundle was not appropriate, causing confusion and wasting judicial resources. Given that the matter was no longer urgent and the real driver of the case was the attorney, the court found it appropriate to strike the matter off the roll and order Mr Omar to pay the wasted costs of the day, including all costs relating to the record, de bonis propriis. The court...

Citation
[2008] ZASCA 160
Parties
Appellant: Ismail Ebrahim Jeebhai; Appellant: Yasmin Naidoo; Appellant: Zehir Omar; Respondent: Minister of Home Affairs; Respondent: Michael Sirela
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 November 2008
Case Number
139/08
Procedural Posture
Civil Appeal / Appeal From High Court, Pretoria
Outcome
Matter struck off the roll; third appellant ordered to pay wasted costs de bonis propriis.
Judges
MPATI, STREICHER, CAMERON, PONNAN, CACHALIA
Legal Topics
Appeal Record Management, Costs De Bonis Propriis, Unlawful Arrest, Unlawful Detention, Deportation, Enforced Disappearance
Civil Procedure Constitutional Law Appeal Record Management Costs De Bonis Propriis Unlawful Arrest Unlawful Detention Deportation Enforced Disappearance

Case Brief

Summary, issues, holding and outcome

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Parties

Ismail Ebrahim Jeebhai

Appellant

Yasmin Naidoo

Appellant

Zehir Omar

Appellant

Minister of Home Affairs

Respondent

Michael Sirela

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Pretoria

Legal Issues

  1. 1 Whether the appeal record complied with the rules and practice directions of the Supreme Court of Appeal.
  2. 2 Whether the inclusion of irrelevant documents and failure to prepare a core bundle justified striking the matter off the roll.
  3. 3 Whether the attorney for the appellants should be held personally liable for wasted costs de bonis propriis.

Ratio Decidendi

The majority held that the appeal record was in a lamentable state, containing numerous irrelevant documents and lacking coherence, in flagrant disregard of the rules and practice directions of the Supreme Court of Appeal. The attorney for the appellants, Mr Zehir Omar, certified that the entire record should be read and that a core bundle was not appropriate, causing confusion and wasting judicial resources. Given that the matter was no longer urgent and the real driver of the case was the attorney, the court found it appropriate to strike the matter off the roll and order Mr Omar to pay the wasted costs of the day, including all costs relating to the record, de bonis propriis. The court...

Court Disposition

Matter struck off the roll; third appellant ordered to pay wasted costs de bonis propriis.

Orders

  • The matter is struck off the roll.
  • The third appellant is to pay the wasted costs of the day including the costs relating to the present record, de bonis propriis.