Mbele and Another v Minister of Justice & Constitutional Development and Another (1116/2013) [2015] ZANWHC 17 (18 June 2015)

Mbele and Another v Minister of Justice & Constitutional Development and Another (1116/2013) [2015] ZANWHC 17 (18 June 2015)

The court found that there are no reasonable prospects of success for an appeal against the review court's dismissal of the application to set aside the Minister's decision to extradite the applicants. The Botswana High Court's Tapela judgment ensures that non-citizen inmates, including the applicants, will receive necessary HIV treatment, addressing the health concerns raised. The Minister's decision was not tainted by incorrect information, as he relied on multiple sources and constitutional principles. The risk of corporal punishment was adequately considered, and the likely sentence for the alleged offence would not attract such punishment. The court held that no compelling reasons...

Citation
[2015] ZANWHC 17
Parties
Applicant: Ngqobuthu Mbele; Applicant: Stanley Ndlovu; Respondent: Minister of Justice & Constitutional Development; Respondent: Director of Public Prosecutions, N.W.
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
18 June 2015
Case Number
1116/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs, including costs occasioned by the employment of two counsels.
Judges
A M Kgoele, Samkelo Gura
Legal Topics
Extradition, Right to Health, Corporal Punishment, Review of Administrative Action, Hiv Discrimination
Administrative Law Constitutional Law Extradition Right to Health Corporal Punishment Review of Administrative Action Hiv Discrimination

Case Brief

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Parties

Ngqobuthu Mbele

Applicant

Stanley Ndlovu

Applicant

Minister of Justice & Constitutional Development

Respondent

Director of Public Prosecutions, N.W.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether there are reasonable prospects of success for an appeal against the review court's dismissal of the application to set aside the Minister's decision to extradite the applicants to Botswana.
  2. 2 Whether compelling reasons exist for granting leave to appeal, considering the applicants' health status and risk of corporal punishment.
  3. 3 Whether the Minister properly applied his mind to the applicants' representations regarding health and corporal punishment.

Ratio Decidendi

The court found that there are no reasonable prospects of success for an appeal against the review court's dismissal of the application to set aside the Minister's decision to extradite the applicants. The Botswana High Court's Tapela judgment ensures that non-citizen inmates, including the applicants, will receive necessary HIV treatment, addressing the health concerns raised. The Minister's decision was not tainted by incorrect information, as he relied on multiple sources and constitutional principles. The risk of corporal punishment was adequately considered, and the likely sentence for the alleged offence would not attract such punishment. The court held that no compelling reasons...

Court Disposition

Application for leave to appeal dismissed with costs, including costs occasioned by the employment of two counsels.

Orders

  • The application for leave to appeal by both applicants is dismissed with costs, including costs occasioned by the employment of two counsels.