Ketlele N.O. and Another v Ketlele and Others (2019/35600) [2022] ZAGPJHC 47 (9 February 2022)

Ketlele N.O. and Another v Ketlele and Others (2019/35600) [2022] ZAGPJHC 47 (9 February 2022)

The court found that the delay in lodging the review application was excessive and inadequately explained. The applicants failed to provide a full, chronological, and reasonable account for the delay from the time they became aware of the appeal panel's decision until the review was filed. The evidence indicated that Malefetsane had the opportunity to present his case to the tribunal, and the tribunal considered his position. The applicants' prospects of success were slight, and the respondent's right to finality and the prejudice suffered were significant. Weighing all factors, the applicants did not make out a proper case for condonation, and the application was dismissed.

Citation
[2022] ZAGPJHC 47
Parties
Applicant: Joyce Ketlele N.O.; Applicant: Joyce Ketlele (Born Radebe); Respondent: Amos Ketlele; Respondent: Director General of the Department of Housing, Gauteng Province; Respondent: Registrar of Deeds, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 February 2022
Case Number
2019/35600
Procedural Posture
Review Application / Judgment on Condonation and Merits
Outcome
Application dismissed with costs.
Judges
Bezuidenhout
Legal Topics
Promotion of Administrative Justice Act, Condonation, Intestate Succession, Housing Tribunal Review, Delay Rule
Administrative Law Land and Property Promotion of Administrative Justice Act Condonation Intestate Succession Housing Tribunal Review Delay Rule

Case Brief

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Parties

Joyce Ketlele N.O.

Applicant

Joyce Ketlele (Born Radebe)

Applicant

Amos Ketlele

Respondent

Director General of the Department of Housing, Gauteng Province

Respondent

Registrar of Deeds, Johannesburg

Respondent

Procedural Posture

Review Application / Judgment on Condonation and Merits

Legal Issues

  1. 1 Whether the applicants' failure to lodge the review application timeously should be condoned.
  2. 2 Whether Malefetsane and Frans were denied the right to participate in the proceedings and place their versions before the housing tribunal and appeal panel for consideration.

Ratio Decidendi

The court found that the delay in lodging the review application was excessive and inadequately explained. The applicants failed to provide a full, chronological, and reasonable account for the delay from the time they became aware of the appeal panel's decision until the review was filed. The evidence indicated that Malefetsane had the opportunity to present his case to the tribunal, and the tribunal considered his position. The applicants' prospects of success were slight, and the respondent's right to finality and the prejudice suffered were significant. Weighing all factors, the applicants did not make out a proper case for condonation, and the application was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed, with costs.