Ledimo and Others v Minister of Safety and Security and Another (2242/2003) [2003] ZAFSHC 16 (28 August 2003)

Ledimo and Others v Minister of Safety and Security and Another (2242/2003) [2003] ZAFSHC 16 (28 August 2003)

The application was dismissed for lack of urgency. The applicants failed to act with the necessary swiftness after their suspension, waiting over two months before demanding reinstatement and launching proceedings. The delay was unexplained and undermined any claim of urgency, even though financial hardship was alleged. The court found that financial hardship alone does not justify urgent relief where the applicants themselves contributed to the delay. On the points of non-joinder and misjoinder, the court held that while the Provincial and National Commissioners should have been cited, the omission was a formal defect and not fatal. The Minister of Safety and Security was not misjoined,...

Citation
[2003] ZAFSHC 16
Parties
Applicant: Ntefe J Ledimo; Applicant: Tumelo M Machina; Applicant: Khotleng S Mofokeng; Applicant: Fanyane J Khoza; Applicant: Thabang J Mbele; Applicant: Lieau P Kobane; Applicant: Ramakaea A Kokonyane; Respondent: Minister of Safety and Security; Respondent: Director, Safety and Security
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 August 2003
Case Number
2242/2003
Procedural Posture
Urgent Application / Application for Urgent Relief to Set Aside Suspension and Recover Withheld Wages
Outcome
Application dismissed for lack of urgency; costs awarded against the applicants.
Judges
Rampai
Legal Topics
Suspension Without Pay, Urgent Application Procedure, Non Joinder and Misjoinder, Jurisdiction of High Court, Unlawful Administrative Action, Constitutional Rights in Employment
Labour Law Administrative Law Suspension Without Pay Urgent Application Procedure Non Joinder and Misjoinder Jurisdiction of High Court Unlawful Administrative Action Constitutional Rights in Employment

Case Brief

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Parties

Ntefe J Ledimo

Applicant

Tumelo M Machina

Applicant

Khotleng S Mofokeng

Applicant

Fanyane J Khoza

Applicant

Thabang J Mbele

Applicant

Lieau P Kobane

Applicant

Ramakaea A Kokonyane

Applicant

Minister of Safety and Security

Respondent

Director, Safety and Security

Respondent

Procedural Posture

Urgent Application / Application for Urgent Relief to Set Aside Suspension and Recover Withheld Wages

Legal Issues

  1. 1 Whether the applicants' suspension without pay by the South African Police Service was unlawful and should be set aside.
  2. 2 Whether the application was sufficiently urgent to justify deviation from ordinary court procedures.
  3. 3 Whether the Minister of Safety and Security was correctly cited as a respondent, or whether there was non-joinder or misjoinder.

Ratio Decidendi

The application was dismissed for lack of urgency. The applicants failed to act with the necessary swiftness after their suspension, waiting over two months before demanding reinstatement and launching proceedings. The delay was unexplained and undermined any claim of urgency, even though financial hardship was alleged. The court found that financial hardship alone does not justify urgent relief where the applicants themselves contributed to the delay. On the points of non-joinder and misjoinder, the court held that while the Provincial and National Commissioners should have been cited, the omission was a formal defect and not fatal. The Minister of Safety and Security was not misjoined,...

Court Disposition

Application dismissed for lack of urgency; costs awarded against the applicants.

Orders

  • The application is dismissed for lack of urgency.
  • The applicants must bear and pay the costs of the respondents.