Macdonald v Minister of Human Settlement, Water and Sanitation (80277/2019) [2024] ZAGPPHC 511 (30 May 2024)

Macdonald v Minister of Human Settlement, Water and Sanitation (80277/2019) [2024] ZAGPPHC 511 (30 May 2024)

The applicant lacks locus standi to bring the application for leave to appeal, as he is not the Public Protector and any rights that may have accrued to him from the remedial action have been extinguished by the court's prior order setting aside the Public Protector's findings and remedial action. The Public Protector acted outside her statutory authority by revisiting matters that had already been resolved through a legislative mediation process and a settlement agreement between the parties. The addendum to the settlement agreement provided a clear process for the water licence application, and the facts demonstrate that the respondent complied with its terms. There are no exceptional...

Citation
[2024] ZAGPPHC 511
Parties
Applicant: Macdonald, Ian; Respondent: Minister of Human Settlement, Water and Sanitation
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 May 2024
Case Number
80277/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Orders Reviewing and Setting Aside Public Protector's Findings.
Outcome
Application for leave to appeal dismissed.
Judges
MBONGWE
Legal Topics
Public Protector Act, Locus Standi, Review of Administrative Action, Settlement Agreement
Administrative Law Civil Procedure Public Protector Act Locus Standi Review of Administrative Action Settlement Agreement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Macdonald, Ian

Applicant

Minister of Human Settlement, Water and Sanitation

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Orders Reviewing and Setting Aside Public Protector's Findings.

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the application for leave to appeal.
  2. 2 Whether any right accrued to the applicant from the Public Protector's remedial action after it was set aside.
  3. 3 Whether the Public Protector acted within her statutory authority in revisiting matters resolved by settlement.

Ratio Decidendi

The applicant lacks locus standi to bring the application for leave to appeal, as he is not the Public Protector and any rights that may have accrued to him from the remedial action have been extinguished by the court's prior order setting aside the Public Protector's findings and remedial action. The Public Protector acted outside her statutory authority by revisiting matters that had already been resolved through a legislative mediation process and a settlement agreement between the parties. The addendum to the settlement agreement provided a clear process for the water licence application, and the facts demonstrate that the respondent complied with its terms. There are no exceptional...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.