Kondile v Canary and Another (29896/2013) [2018] ZAGPPHC 412 (16 May 2018)

Kondile v Canary and Another (29896/2013) [2018] ZAGPPHC 412 (16 May 2018)

The High Court does not have jurisdiction to rescind a ruling made by the Rental Housing Tribunal, as the Rental Housing Act provides no mechanism for such rescission and expressly limits the High Court's role to review proceedings. The Tribunal's functions are administrative, and its rulings are not judicial acts subject to rescission by the High Court. The applicant's reliance on rescission procedures under the Uniform Rules of Court is misplaced, as those rules apply only to judgments and orders of courts of law, not administrative tribunals. The applicant failed to pursue the correct remedy of review and did not provide a proper explanation for the delay or default. The application...

Citation
[2018] ZAGPPHC 412
Parties
Applicant: Nceba Elliot Kondile; Respondent: Malcolm Canary; Respondent: Cheryl Koetaan
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 May 2018
Case Number
29896/2013
Procedural Posture
Review Application / Application for Rescission of Rental Housing Tribunal Ruling
Outcome
Application for rescission dismissed with costs awarded against the applicant.
Judges
Nel
Legal Topics
Rental Housing Act, Rescission of Tribunal Ruling, Jurisdiction of High Court, Review Proceedings, Deposit Dispute, Warrant of Execution
Administrative Law Civil Procedure Land and Property Rental Housing Act Rescission of Tribunal Ruling Jurisdiction of High Court Review Proceedings Deposit Dispute +1 more

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Parties

Nceba Elliot Kondile

Applicant

Malcolm Canary

Respondent

Cheryl Koetaan

Respondent

Procedural Posture

Review Application / Application for Rescission of Rental Housing Tribunal Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to rescind a ruling made by the Rental Housing Tribunal.
  2. 2 Whether the applicant is entitled to condonation for launching the rescission application outside prescribed time periods.
  3. 3 Whether the applicant established sufficient cause for rescission of the Tribunal's ruling.

Ratio Decidendi

The High Court does not have jurisdiction to rescind a ruling made by the Rental Housing Tribunal, as the Rental Housing Act provides no mechanism for such rescission and expressly limits the High Court's role to review proceedings. The Tribunal's functions are administrative, and its rulings are not judicial acts subject to rescission by the High Court. The applicant's reliance on rescission procedures under the Uniform Rules of Court is misplaced, as those rules apply only to judgments and orders of courts of law, not administrative tribunals. The applicant failed to pursue the correct remedy of review and did not provide a proper explanation for the delay or default. The application...

Court Disposition

Application for rescission dismissed with costs awarded against the applicant.

Orders

  • The application for rescission of the ruling made by the Rental Housing Tribunal on 18 December 2011 is dismissed.
  • The applicant is to pay the costs of the application.