Minister of Public Works v Government Employees Pension Fund (176/07) [2007] ZANWHC 46 (6 September 2007)
The court found that there was no reasonable prospect that another court would reach a different conclusion regarding the merits of the case. The dispute at hand was determined to be a commercial transaction and not an intergovernmental dispute as defined by the Intergovernmental Relations Framework Act 13 of 2005....
Source-derived case information.
- Citation
- [2007] ZANWHC 46
- Parties
- Applicant: Minister of Public Works; Respondent: Government Employees Pension Fund
- Court
- North West High Court, Mafikeng
- Jurisdiction
- South Africa
- Case Number
- 176/07
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment
- Outcome
- Application for leave to appeal dismissed with costs on an attorney and client scale.
- Judges
- A A Landman
- Legal Topics
- Leave to Appeal, Costs on Attorney and Client Scale, Intergovernmental Relations Framework Act, Eviction Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Public Works
Applicant
Government Employees Pension Fund
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Legal Issues
- 1 Whether there is a reasonable prospect that another court would reach a different conclusion on the merits of the case.
- 2 Whether the Intergovernmental Relations Framework Act 13 of 2005 applies to the dispute.
- 3 Whether costs should be awarded on a special scale due to the nature of the application.
Ratio Decidendi
The court found that there was no reasonable prospect that another court would reach a different conclusion regarding the merits of the case. The dispute at hand was determined to be a commercial transaction and not an intergovernmental dispute as defined by the Intergovernmental Relations Framework Act 13 of 2005. Therefore, the Act did not apply. Given that the application for leave to appeal arose from an eviction order and in accordance with the lease agreement, costs were awarded on an attorney and client scale.
Court Disposition
Application for leave to appeal dismissed with costs on an attorney and client scale.
Orders
- The application for leave to appeal is dismissed.
- Costs are awarded against the applicant on an attorney and client scale.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
BOPHUTHATSWANA PROVINCIAL DIVISION
CASE NO.: 176/07
In the matter between:
THE MINISTER OF PUBLIC WORKS APPLICANT
and
GOVERNMENT EMPLOYEES PENSION FUND
RESPONDENT
JUDGMENT
LANDMAN J:
[1] The Minister of Public Works applies for leave to appeal against my judgment delivered on 15 June 2007.
[2] Mr Senatle, for the Minister and Mr Mclachlan for the Government Employees Pension Fund agreed on 24 August that I should decide the application on the strength of the heads of argument.
[3] I have considered the application and heads of argument. I am of the view that there is no reasonable prospect that another court will come to a different conclusion.
[4] As regard the submission that the Intergovernmental Relations Framework Relations Act 13 of 2005 applies and that I was wrong in deciding otherwise. I refer to the definition of an âintergovernmental dispute in section 1(1) of the Act. This matter relates to a commercial transaction and not to a statutory power or function assigned to any of the parties nor to an agreement between them regarding any such power or function.
[5] As this application flows from the eviction order it is appropriate to award costs on a special scale. See clause 25.5.8 of the lease agreement dated 29 March 2007.
[6] In the premises the application is dismissed with costs on an attorney and client scale.
__________________
A A LANDMAN
JUDGE OF THE HIGH COURT
APPEARANCES:
FOR THE APPLICANT : ADV SENATLE
FOR THE RESPONDENT : ADV MCLACHLAN
ATTORNEYS:
FOR THE APPLICANT : STATE ATTORNEY
FOR THE RESPONDENT : VAN ROOYEN TLHAPI & WESSELS
DATE OF HEARING : 24 AUGUST 2007
DATE OF JUDGMENT : 6 SEPTEMBER 2007