Kramer and Another v Minister of Justice, Constitutional Development and Correctional Services and Others (2023/126318) [2024] ZAGPJHC 15 (9 January 2024)

Kramer and Another v Minister of Justice, Constitutional Development and Correctional Services and Others (2023/126318) [2024] ZAGPJHC 15 (9 January 2024)

The court found that the applicants had established exceptional circumstances and irreparable harm as required by section 18(3) of the Superior Courts Act. The Supreme Court of Appeal's interim order was specifically designed to protect the applicants' constitutional right to further education during the period before a new policy is promulgated. The respondents failed to demonstrate any irreparable harm that would result from implementing the interim order, while the applicants would suffer irreparable harm through the loss of study time and academic opportunity. The court rejected the respondents' argument that the applicants' rights remained unaffected, holding that the interim relief...

Citation
[2024] ZAGPJHC 15
Parties
Applicant: Clint Kramer; Applicant: Anton Meyer; Respondent: Minister of Justice, Constitutional Development and Correctional Services; Respondent: National Commissioner Correctional Services; Respondent: The Area Commissioner, Johannesburg; Respondent: The Head of Centre “C”, Johannesburg Correctional Centre; Respondent: The Head of Education Department, Johannesburg Centre “C”
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 January 2024
Case Number
2023/126318
Procedural Posture
Urgent Application / Application for Interim Enforcement of SCA Order Pending Leave to Appeal to Constitutional Court
Outcome
Application granted. Interim enforcement of the Supreme Court of Appeal's order is declared effective pending the outcome of the Constitutional Court proceedings. The first respondent is ordered to pay the costs of the application.
Judges
Pullinger AJ
Legal Topics
Right to Education, Contempt of Court, Section 18 Superior Courts Act, Interim Enforcement, Prisoners Rights
Constitutional Law Civil Procedure Right to Education Contempt of Court Section 18 Superior Courts Act Interim Enforcement Prisoners Rights

Case Brief

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Parties

Clint Kramer

Applicant

Anton Meyer

Applicant

Minister of Justice, Constitutional Development and Correctional Services

Respondent

National Commissioner Correctional Services

Respondent

The Area Commissioner, Johannesburg

Respondent

The Head of Centre “C”, Johannesburg Correctional Centre

Respondent

The Head of Education Department, Johannesburg Centre “C”

Respondent

Procedural Posture

Urgent Application / Application for Interim Enforcement of SCA Order Pending Leave to Appeal to Constitutional Court

Legal Issues

  1. 1 Whether the applicants are entitled to interim enforcement of the Supreme Court of Appeal's order under section 18(3) of the Superior Courts Act pending the respondents' application for leave to appeal to the Constitutional Court.
  2. 2 Whether exceptional circumstances and irreparable harm to the applicants exist, justifying the interim relief sought.
  3. 3 Whether the respondents would suffer irreparable harm if the interim order is implemented.

Ratio Decidendi

The court found that the applicants had established exceptional circumstances and irreparable harm as required by section 18(3) of the Superior Courts Act. The Supreme Court of Appeal's interim order was specifically designed to protect the applicants' constitutional right to further education during the period before a new policy is promulgated. The respondents failed to demonstrate any irreparable harm that would result from implementing the interim order, while the applicants would suffer irreparable harm through the loss of study time and academic opportunity. The court rejected the respondents' argument that the applicants' rights remained unaffected, holding that the interim relief...

Court Disposition

Application granted. Interim enforcement of the Supreme Court of Appeal's order is declared effective pending the outcome of the Constitutional Court proceedings. The first respondent is ordered to pay the costs of the application.

Orders

  • Pending the outcome of the respondents’ application for leave to appeal to the Constitutional Court in Minister of Justice and Constitutional Development and Others v Ntuli [2023] ZASCA 146 (8 November 2023) and any appeal that may follow, paragraph 6 of the replaced order is declared to be effective.
  • The first respondent is to pay the costs of this application.