Kande and Another v Chairperson: Refugee Appeal Board and Others (13508/2013) [2015] ZAGPPHC 925 (8 December 2015)

Kande and Another v Chairperson: Refugee Appeal Board and Others (13508/2013) [2015] ZAGPPHC 925 (8 December 2015)

The court found that there are reasonable prospects that another court might reach a different conclusion regarding the computation of the 180-day period under PAJA and the attribution of the delay to the applicants. Specifically, another court might find that the initial, abortive service constituted good service, thereby bringing the application within the prescribed period. Furthermore, another court might determine that the period during which internal remedies were exhausted should not be counted against the applicants. On this basis, leave to appeal was granted.

Citation
[2015] ZAGPPHC 925
Parties
Applicant: Tshilanda Odette Kande; Applicant: Tshilanda Odette Kande (on behalf of Jonathan Betu Kande); Respondent: Chairperson: Refugee Appeal Board; Respondent: Refugee Status Determination Officer; Respondent: Minister of Home Affairs; Respondent: Director General: Department of Home Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 December 2015
Case Number
13508/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Review Application
Outcome
Leave to appeal granted to the Full Court of the Division. Costs of the application are costs in the appeal.
Judges
T. M. Makgoka
Legal Topics
Promotion of Administrative Justice Act, Leave to Appeal, Delay in Review Applications, Exhaustion of Internal Remedies
Administrative Law Civil Procedure Promotion of Administrative Justice Act Leave to Appeal Delay in Review Applications Exhaustion of Internal Remedies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Tshilanda Odette Kande

Applicant

Tshilanda Odette Kande (on behalf of Jonathan Betu Kande)

Applicant

Chairperson: Refugee Appeal Board

Respondent

Refugee Status Determination Officer

Respondent

Minister of Home Affairs

Respondent

Director General: Department of Home Affairs

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Review Application

Legal Issues

  1. 1 Whether there are reasonable prospects that another court might reach a different conclusion regarding the delay in bringing the review application.
  2. 2 Whether the computation of the 180-day period under PAJA was correctly applied.
  3. 3 Whether the period during which internal remedies were exhausted should be attributed to the applicants.

Ratio Decidendi

The court found that there are reasonable prospects that another court might reach a different conclusion regarding the computation of the 180-day period under PAJA and the attribution of the delay to the applicants. Specifically, another court might find that the initial, abortive service constituted good service, thereby bringing the application within the prescribed period. Furthermore, another court might determine that the period during which internal remedies were exhausted should not be counted against the applicants. On this basis, leave to appeal was granted.

Court Disposition

Leave to appeal granted to the Full Court of the Division. Costs of the application are costs in the appeal.

Orders

  • Leave is granted to the applicants to appeal to the Full Court of this Division.
  • The costs of this application are costs in the appeal.