MEC for Public Works and Roads and Another v Redelinghuys (1620/2015) [2018] ZANWHC 85 (12 November 2018)

MEC for Public Works and Roads and Another v Redelinghuys (1620/2015) [2018] ZANWHC 85 (12 November 2018)

The court held that the application for condonation and reinstatement of the upliftment of bar application was not competent. The previous judgment dismissing the upliftment of bar application was final and could only be revisited by a court of appeal. The present court lacked jurisdiction to condone non-compliance with statutory requirements for commissioning affidavits under the Justice of Peace and Commissioners of Oaths Act and its regulations. The applicant's attempt to have the matter reconsidered amounted to seeking a review or appeal, which was impermissible. The application was accordingly dismissed with costs.

Citation
[2018] ZANWHC 85
Parties
Applicant: MEC for Public Works and Roads, North West Province; Respondent: S E Redelinghuys
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
12 November 2018
Case Number
1620/2015
Procedural Posture
Stay Application / Application for Condonation and Related Relief Following Dismissal of Upliftment of Bar Application
Outcome
Application dismissed with costs.
Judges
GURA
Legal Topics
Commissioner of Oaths Act, Defective Affidavit, Condonation, Substantial Compliance, Upliftment of Bar, Jurisdiction
Civil Procedure Commissioner of Oaths Act Defective Affidavit Condonation Substantial Compliance Upliftment of Bar Jurisdiction

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Parties

MEC for Public Works and Roads, North West Province

Applicant

S E Redelinghuys

Respondent

Procedural Posture

Stay Application / Application for Condonation and Related Relief Following Dismissal of Upliftment of Bar Application

Legal Issues

  1. 1 Whether the court has jurisdiction to condone non-compliance with statutory requirements for commissioning affidavits.
  2. 2 Whether substantial compliance with the Justice of Peace and Commissioners of Oaths Act and its regulations suffices to validate a defective affidavit.
  3. 3 Whether the application for condonation and reinstatement of the upliftment of bar application is competent after a final judgment.

Ratio Decidendi

The court held that the application for condonation and reinstatement of the upliftment of bar application was not competent. The previous judgment dismissing the upliftment of bar application was final and could only be revisited by a court of appeal. The present court lacked jurisdiction to condone non-compliance with statutory requirements for commissioning affidavits under the Justice of Peace and Commissioners of Oaths Act and its regulations. The applicant's attempt to have the matter reconsidered amounted to seeking a review or appeal, which was impermissible. The application was accordingly dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.