Kona v Premier Eastern Cape and Others (3277/2018) [2023] ZAECMKHC 75 (20 June 2023)

Kona v Premier Eastern Cape and Others (3277/2018) [2023] ZAECMKHC 75 (20 June 2023)

The court found that the applicant's delay in instituting judicial review proceedings was excessive and unreasonable, far exceeding the 180-day period prescribed by PAJA. The process pursued by the applicant through the Provincial House did not constitute a valid internal remedy for the Premier's recognition decision, and thus did not suspend the running of the time period. The explanation for the delay was incomplete and inadequate, with the applicant failing to take reasonable steps to expedite the matter or seek legal advice promptly. The prospects of success were limited, as the recognition process followed the requirements of the applicable legislation and the applicant's exclusion...

Citation
[2023] ZAECMKHC 75
Parties
Applicant: Zukiswa Kona; Respondent: The Premier, Eastern Cape; Respondent: MEC for Co-operative Governance and Traditional Affairs (Eastern Cape); Respondent: Provincial House of Traditional Leaders (Eastern Cape); Respondent: Mbukumbuku Kona; Respondent: Nomisile Kona; Respondent: Kona Royal Family; Respondent: Ntsikelelo Kwebese
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
20 June 2023
Case Number
3277/2018
Procedural Posture
Review Application / Application for Extension of Time and Judicial Review
Outcome
Application dismissed.
Judges
Govindjee
Legal Topics
Promotion of Administrative Justice Act, Judicial Review Delay, Traditional Leadership Succession, Unfair Discrimination, Internal Remedies, Condonation
Administrative Law Constitutional Law Promotion of Administrative Justice Act Judicial Review Delay Traditional Leadership Succession Unfair Discrimination Internal Remedies Condonation

Case Brief

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Parties

Zukiswa Kona

Applicant

The Premier, Eastern Cape

Respondent

MEC for Co-operative Governance and Traditional Affairs (Eastern Cape)

Respondent

Provincial House of Traditional Leaders (Eastern Cape)

Respondent

Mbukumbuku Kona

Respondent

Nomisile Kona

Respondent

Kona Royal Family

Respondent

Ntsikelelo Kwebese

Respondent

Procedural Posture

Review Application / Application for Extension of Time and Judicial Review

Legal Issues

  1. 1 Whether the applicant's delay in instituting judicial review proceedings should be condoned.
  2. 2 Whether internal remedies were available and exhausted before approaching the court.
  3. 3 Whether the recognition of the fourth respondent as headman was lawful and in accordance with customary law.

Ratio Decidendi

The court found that the applicant's delay in instituting judicial review proceedings was excessive and unreasonable, far exceeding the 180-day period prescribed by PAJA. The process pursued by the applicant through the Provincial House did not constitute a valid internal remedy for the Premier's recognition decision, and thus did not suspend the running of the time period. The explanation for the delay was incomplete and inadequate, with the applicant failing to take reasonable steps to expedite the matter or seek legal advice promptly. The prospects of success were limited, as the recognition process followed the requirements of the applicable legislation and the applicant's exclusion...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • Each party is to pay its own costs.