Maraba and Others v Head of Prison: Kgosi Mampuru Correctional Facility (095695/2024) [2024] ZAGPPHC 1080 (23 October 2024)

Maraba and Others v Head of Prison: Kgosi Mampuru Correctional Facility (095695/2024) [2024] ZAGPPHC 1080 (23 October 2024)

The court found that the respondents failed to comply with Regulation 25(1)(b) when transferring the applicants, as no valid security reasons were provided and the true reasons for transfer were not disclosed. The applicants demonstrated exceptional circumstances due to the respondents' unlawful conduct and the imbalance of power, which limited the applicants' ability to vindicate their rights. The applicants showed irreparable harm through interruption of rehabilitation and parole prospects and increased distance from their families. The respondents' arguments regarding legislative amendment and equivalence of facilities were unfounded. The respondents have no prospects of success in...

Citation
[2024] ZAGPPHC 1080
Parties
Applicant: Bethuel Maraba & 5 Others; Respondent: The Head of Prison: Kgosi Mampuru Correctional Facility; Respondent: The Minister of Correctional Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 October 2024
Case Number
095695/2024
Procedural Posture
Urgent Application / Application Under Section 18(3) of the Superior Court Act Pending Leave to Appeal
Outcome
Application granted; order of 12 September 2024 to operate immediately pending appeal; costs awarded against respondents.
Judges
Mooki
Legal Topics
Execution Pending Appeal, Exceptional Circumstances, Irreparable Harm, Prisoner Transfer, Regulation 25, Rule of Law
Administrative Law Civil Procedure Execution Pending Appeal Exceptional Circumstances Irreparable Harm Prisoner Transfer Regulation 25 Rule of Law

Case Brief

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Parties

Bethuel Maraba & 5 Others

Applicant

The Head of Prison: Kgosi Mampuru Correctional Facility

Respondent

The Minister of Correctional Services

Respondent

Procedural Posture

Urgent Application / Application Under Section 18(3) of the Superior Court Act Pending Leave to Appeal

Legal Issues

  1. 1 Whether the applicants have demonstrated exceptional circumstances justifying execution of the order pending appeal.
  2. 2 Whether the applicants will suffer irreparable harm if the order is not executed.
  3. 3 Whether the respondents complied with Regulation 25(1)(b) in transferring the applicants.

Ratio Decidendi

The court found that the respondents failed to comply with Regulation 25(1)(b) when transferring the applicants, as no valid security reasons were provided and the true reasons for transfer were not disclosed. The applicants demonstrated exceptional circumstances due to the respondents' unlawful conduct and the imbalance of power, which limited the applicants' ability to vindicate their rights. The applicants showed irreparable harm through interruption of rehabilitation and parole prospects and increased distance from their families. The respondents' arguments regarding legislative amendment and equivalence of facilities were unfounded. The respondents have no prospects of success in...

Court Disposition

Application granted; order of 12 September 2024 to operate immediately pending appeal; costs awarded against respondents.

Orders

  • The order made on 12 September 2024 is to operate with immediate effect, notwithstanding any appeal process by the respondents.
  • The respondents are ordered to pay the costs.