Ledla Structure Development (Pty) Ltd and Others v Special Investigating Unit and Another (GP 07/2020) [2022] ZAST 5 (23 February 2022)

Ledla Structure Development (Pty) Ltd and Others v Special Investigating Unit and Another (GP 07/2020) [2022] ZAST 5 (23 February 2022)

The Tribunal found that while equity and fairness require that an appealable Tribunal order be automatically suspended when appeal proceedings are instituted, and that the Tribunal has inherent jurisdiction to address statutory lacunae, the applicants failed to meet the requirements for the release of preserved funds for legal expenses. Specifically, the applicants did not disclose their interests in the preserved funds or provide evidence of their inability to pay for the appeal record from unpreserved funds. The application was premised on bare assertions without supporting documentation, and the applicants did not explain how they financed prior litigation. The granting of leave to...

Citation
[2022] ZAST 5
Parties
Applicant: Ledla Structure Development (Pty) Ltd; Applicant: Rhulani Lehong; Applicant: Kgodisho Norman Lehong; Respondent: Special Investigating Unit; Respondent: First National Bank Limited
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
23 February 2022
Case Number
GP 07/2020
Procedural Posture
Urgent Application / Application for Release of Forfeited Funds for Legal Costs Pending Leave to Appeal
Outcome
Application dismissed with costs.
Judges
L T Modiba
Legal Topics
Forfeiture of Funds, Urgent Interdict, Leave to Appeal, Special Tribunals Act, Inherent Jurisdiction
Civil Procedure Administrative Law Forfeiture of Funds Urgent Interdict Leave to Appeal Special Tribunals Act Inherent Jurisdiction

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Parties

Ledla Structure Development (Pty) Ltd

Applicant

Rhulani Lehong

Applicant

Kgodisho Norman Lehong

Applicant

Special Investigating Unit

Respondent

First National Bank Limited

Respondent

Procedural Posture

Urgent Application / Application for Release of Forfeited Funds for Legal Costs Pending Leave to Appeal

Legal Issues

  1. 1 Whether funds forfeited to the State under Tribunal Rule 26 may be released to finance the applicants' legal costs when leave to appeal is pending.
  2. 2 Whether the applicants have established a proper case for the release of preserved funds for legal expenses.

Ratio Decidendi

The Tribunal found that while equity and fairness require that an appealable Tribunal order be automatically suspended when appeal proceedings are instituted, and that the Tribunal has inherent jurisdiction to address statutory lacunae, the applicants failed to meet the requirements for the release of preserved funds for legal expenses. Specifically, the applicants did not disclose their interests in the preserved funds or provide evidence of their inability to pay for the appeal record from unpreserved funds. The application was premised on bare assertions without supporting documentation, and the applicants did not explain how they financed prior litigation. The granting of leave to...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.