Kajee v Special Investigations Unit and Others (GP22/2021) [2024] ZAST 10 (30 July 2024)

Kajee v Special Investigations Unit and Others (GP22/2021) [2024] ZAST 10 (30 July 2024)

The Tribunal held that its judgments are expressly excluded from the definition of administrative action under PAJA and therefore cannot be reviewed in terms of section 6 of PAJA. The Tribunal further found that it lacks jurisdiction to review its own decisions under Rule 53 and section 22 of the Superior Courts Act, as only the High Court is empowered to do so. The relief sought by Kajee was directed at the legal consequences of the judgment, not the procedural method, rendering the application incompetent. The Tribunal dismissed the application as bad in law and awarded punitive costs against Kajee.

Citation
[2024] ZAST 10
Parties
Applicant: Hassan Ebrahim Kajee; Respondent: Special Investigations Unit; Respondent: Minister of Police; Respondent: Minister of Health; Respondent: Minister of Correctional Services and Constitutional Development
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
30 July 2024
Case Number
GP22/2021
Procedural Posture
Review Application / Application for Review of Tribunal Judgment Under Rule 53
Outcome
Application dismissed with costs on the attorney and client scale.
Judges
L.T. Modiba
Legal Topics
Review of Tribunal Decisions, Jurisdiction, Promotion of Administrative Justice Act, Costs Orders
Civil Procedure Review of Tribunal Decisions Jurisdiction Promotion of Administrative Justice Act Costs Orders

Case Brief

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Parties

Hassan Ebrahim Kajee

Applicant

Special Investigations Unit

Respondent

Minister of Police

Respondent

Minister of Health

Respondent

Minister of Correctional Services and Constitutional Development

Respondent

Procedural Posture

Review Application / Application for Review of Tribunal Judgment Under Rule 53

Legal Issues

  1. 1 Whether a Special Tribunal judgment is reviewable under section 6 of the Promotion of Administrative Justice Act (PAJA).
  2. 2 Whether the Tribunal has jurisdiction to review its own decisions under Rule 53 and section 22 of the Superior Courts Act.
  3. 3 Whether the relief sought is competent when directed at the legal effect of an order rather than the method of proceedings.

Ratio Decidendi

The Tribunal held that its judgments are expressly excluded from the definition of administrative action under PAJA and therefore cannot be reviewed in terms of section 6 of PAJA. The Tribunal further found that it lacks jurisdiction to review its own decisions under Rule 53 and section 22 of the Superior Courts Act, as only the High Court is empowered to do so. The relief sought by Kajee was directed at the legal consequences of the judgment, not the procedural method, rendering the application incompetent. The Tribunal dismissed the application as bad in law and awarded punitive costs against Kajee.

Court Disposition

Application dismissed with costs on the attorney and client scale.

Orders

  • The application is dismissed with costs on the attorney and client scale.