Mkhango v Magistrates Commission and Another (5126/2017) [2018] ZAECMHC 26 (23 April 2018)

Mkhango v Magistrates Commission and Another (5126/2017) [2018] ZAECMHC 26 (23 April 2018)

The application was dismissed because the applicant failed to exhaust the internal appeal procedure required by section 78 of the Promotion of Access to Information Act before approaching the court. The court found that the applicant did not have a cause of action, as he had not appealed the refusal of access to information nor received an unfavourable decision on such appeal. Additionally, the court lacked territorial jurisdiction over the respondents, who neither resided, were domiciled, nor conducted business within the court's area, and had not consented to its jurisdiction. The applicant's reliance on his residence and service effected in Mthatha was insufficient to establish...

Citation
[2018] ZAECMHC 26
Parties
Applicant: Kholosani Mkhango; Respondent: Magistrates’ Commission; Respondent: Minister of Justice
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
23 April 2018
Case Number
5126/2017
Procedural Posture
Review Application / Unopposed Application; Reasons for Order Dismissing Application
Outcome
Application dismissed with no order as to costs.
Judges
Bodlani
Legal Topics
Promotion of Access to Information Act, Internal Appeal Exhaustion, Jurisdiction, Cause of Action, Access to Information
Administrative Law Civil Procedure Promotion of Access to Information Act Internal Appeal Exhaustion Jurisdiction Cause of Action Access to Information

Case Brief

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Parties

Kholosani Mkhango

Applicant

Magistrates’ Commission

Respondent

Minister of Justice

Respondent

Procedural Posture

Review Application / Unopposed Application; Reasons for Order Dismissing Application

Legal Issues

  1. 1 Whether the applicant exhausted the internal appeal procedure under the Promotion of Access to Information Act before approaching the court.
  2. 2 Whether the Eastern Cape High Court, Mthatha, had territorial jurisdiction over the respondents and the subject matter.
  3. 3 Whether the application was prematurely instituted without a cause of action.

Ratio Decidendi

The application was dismissed because the applicant failed to exhaust the internal appeal procedure required by section 78 of the Promotion of Access to Information Act before approaching the court. The court found that the applicant did not have a cause of action, as he had not appealed the refusal of access to information nor received an unfavourable decision on such appeal. Additionally, the court lacked territorial jurisdiction over the respondents, who neither resided, were domiciled, nor conducted business within the court's area, and had not consented to its jurisdiction. The applicant's reliance on his residence and service effected in Mthatha was insufficient to establish...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.