Joseph and Others v Minister of Police and Others (15017/2017) [2023] ZAGPJHC 488 (17 May 2023)

Joseph and Others v Minister of Police and Others (15017/2017) [2023] ZAGPJHC 488 (17 May 2023)

The court found that the applicants served the section 3 notice on the first respondent timeously, and therefore condonation was not required. The application for leave to appeal was filed within the prescribed period, as the fifteen-day period commenced from the date the reasons for the order were delivered, not the date of the order itself. The technical objections raised by the respondents were rejected as placing form over substance, especially given the fundamental rights at stake. The applicants demonstrated realistic prospects of success on appeal, satisfying the requirements of section 17 of the Superior Courts Act. Accordingly, leave to appeal to the full bench was granted.

Citation
[2023] ZAGPJHC 488
Parties
Plaintiff: Chauke Tinyiko Joseph; Plaintiff: Raolane Tebatso Eugine; Plaintiff: Mofomme Solomon Tshegofatso; Plaintiff: Masekoameng Johannes Lesetja; Plaintiff: Mathotho Hedges Hopane; Plaintiff: Kekana Makgoba Charlie; Plaintiff: Manyamalala Kaya Bethel; Plaintiff: Maila Kgabo Isaac; Plaintiff: Mashoakwa Dyrose Manaka; Plaintiff: Mokobodi Koena Stanford; Defendant: Minister of Police; Defendant: Independent Police Investigative Directorate; Defendant: National Prosecuting Authority
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 May 2023
Case Number
15017/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order and Judgment Dismissing Condonation for Late Notice Under Section 3(1) of the Institution of Legal Proceedings Against Certain Organs of State Act.
Outcome
Leave to appeal to the full bench of the Division is granted with costs to be in the appeal.
Judges
Molahlehi
Legal Topics
Condonation, Institution of Legal Proceedings Against State Act, Leave to Appeal, Service of Notice, Prospects of Success
Civil Procedure Condonation Institution of Legal Proceedings Against State Act Leave to Appeal Service of Notice Prospects of Success

Case Brief

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Parties

Chauke Tinyiko Joseph

Plaintiff

Raolane Tebatso Eugine

Plaintiff

Mofomme Solomon Tshegofatso

Plaintiff

Masekoameng Johannes Lesetja

Plaintiff

Mathotho Hedges Hopane

Plaintiff

Kekana Makgoba Charlie

Plaintiff

Manyamalala Kaya Bethel

Plaintiff

Maila Kgabo Isaac

Plaintiff

Mashoakwa Dyrose Manaka

Plaintiff

Mokobodi Koena Stanford

Plaintiff

Minister of Police

Defendant

Independent Police Investigative Directorate

Defendant

National Prosecuting Authority

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Order and Judgment Dismissing Condonation for Late Notice Under Section 3(1) of the Institution of Legal Proceedings Against Certain Organs of State Act.

Legal Issues

  1. 1 Whether the applicants served the section 3 notice on the first respondent timeously.
  2. 2 Whether condonation for late service of the section 3 notice was required.
  3. 3 Whether the application for leave to appeal was filed within the prescribed time frames under rule 49 of the Uniform Rules of the High Court.

Ratio Decidendi

The court found that the applicants served the section 3 notice on the first respondent timeously, and therefore condonation was not required. The application for leave to appeal was filed within the prescribed period, as the fifteen-day period commenced from the date the reasons for the order were delivered, not the date of the order itself. The technical objections raised by the respondents were rejected as placing form over substance, especially given the fundamental rights at stake. The applicants demonstrated realistic prospects of success on appeal, satisfying the requirements of section 17 of the Superior Courts Act. Accordingly, leave to appeal to the full bench was granted.

Court Disposition

Leave to appeal to the full bench of the Division is granted with costs to be in the appeal.

Orders

  • Leave to appeal to the full bench of the Gauteng Local Division, Johannesburg is granted.
  • Costs to be costs in the appeal.