Lawrence v Magistrates Commission and Others (1070/2019) [2019] ZAFSHC 269; 2020 (2) SA 526 (FB) (12 December 2019)

Lawrence v Magistrates Commission and Others (1070/2019) [2019] ZAFSHC 269; 2020 (2) SA 526 (FB) (12 December 2019)

The court found that the Appointments Committee was not quorate during the Bloemfontein shortlisting process, as only five out of ten members were present, contrary to the statutory requirement that a majority constitutes a quorum. The chairperson's purported exercise of discretion to reduce the quorum was held to be unlawful and irrational. The Committee failed to consider all qualifying candidates, unlawfully excluded white candidates from consideration, and did not properly apply section 174(2) of the Constitution or regulation 5 of the Magistrates Act. The shortlisting proceedings were thus unconstitutional, unlawful, and invalid. The appointments made pursuant to these proceedings...

Citation
[2019] ZAFSHC 269
Parties
Applicant: Richard John Lawrence; Respondent: Magistrates Commission; Respondent: Zola Mbalo N.O.; Respondent: Minister of Justice and Correctional Services; Respondent: Cornelius Mokgobo N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 December 2019
Case Number
1070/2019
Procedural Posture
Review Application / Final Judgment After Opposed Motion
Outcome
Application granted. The shortlisting proceedings and resulting appointments for magistrates in Bloemfontein, Botshabelo, and Petrusburg are declared unlawful and set aside.
Judges
Daffue, Molitsoane
Legal Topics
Judicial Appointments, Principle of Legality, Quorum Requirements, Section 174 2 Constitution, Review of Administrative Action, Procedural Fairness
Administrative Law Constitutional Law Civil Procedure Judicial Appointments Principle of Legality Quorum Requirements Section 174 2 Constitution Review of Administrative Action +1 more

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Parties

Richard John Lawrence

Applicant

Magistrates Commission

Respondent

Zola Mbalo N.O.

Respondent

Minister of Justice and Correctional Services

Respondent

Cornelius Mokgobo N.O.

Respondent

Procedural Posture

Review Application / Final Judgment After Opposed Motion

Legal Issues

  1. 1 Whether the shortlisting proceedings for magistrates in Free State cluster 'A' were lawful and constitutional.
  2. 2 Whether the Appointments Committee was quorate during the Bloemfontein shortlisting process.
  3. 3 Whether section 174(2) of the Constitution was correctly applied in the shortlisting process.

Ratio Decidendi

The court found that the Appointments Committee was not quorate during the Bloemfontein shortlisting process, as only five out of ten members were present, contrary to the statutory requirement that a majority constitutes a quorum. The chairperson's purported exercise of discretion to reduce the quorum was held to be unlawful and irrational. The Committee failed to consider all qualifying candidates, unlawfully excluded white candidates from consideration, and did not properly apply section 174(2) of the Constitution or regulation 5 of the Magistrates Act. The shortlisting proceedings were thus unconstitutional, unlawful, and invalid. The appointments made pursuant to these proceedings...

Court Disposition

Application granted. The shortlisting proceedings and resulting appointments for magistrates in Bloemfontein, Botshabelo, and Petrusburg are declared unlawful and set aside.

Orders

  • It is declared that the shortlisting proceedings chaired by the second respondent for the vacancies of magistrates for the Free State relating to the districts of Bloemfontein, Botshabelo and Petrusburg were unlawful and unconstitutional.
  • The aforesaid shortlisting proceedings and consequently also the recommendations of the Appointments Committee of first respondent and the appointment by third respondent of magistrates for the districts of Bloemfontein, Botshabelo and Petrusburg are reviewed and set aside.