Mlangeni Brothers Events CC v Special Investigating Unit and Another (GP07/2021) [2021] ZAST 12 (7 December 2021)

Mlangeni Brothers Events CC v Special Investigating Unit and Another (GP07/2021) [2021] ZAST 12 (7 December 2021)

The Tribunal found that although the Rule 30A application was brought in accordance with the rule, the applicant's conduct was excessively dilatory and frustrated the expeditious nature of the proceedings. The record was properly filed by uploading it on Caselines as directed, and the applicant's insistence on a different method was inconsistent with both the practical implementation of Rule 53(3) and the Tribunal's directives. The application was not bona fide, as the applicant failed to explain its delays and persisted with the application despite the MEC's affidavit confirming the record. The applicant did not make out a case for the relief sought, and its complaints were belated and...

Citation
[2021] ZAST 12
Parties
Applicant: Mlangeni Brothers Events CC; Respondent: Special Investigating Unit; Respondent: Member of the Executive Council: Gauteng Department of Health
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
7 December 2021
Case Number
GP07/2021
Procedural Posture
Review Application / Rule 30 a Interlocutory Application Within Pending Review
Outcome
The Rule 30A application is dismissed with costs on the attorney and client scale. The applicant is granted an indulgence to file its answering affidavit, and further directives are issued to ensure the expeditious hearing of the review application.
Judges
L T Modiba
Legal Topics
Uniform Rule 30a, Uniform Rule 53, Review of Administrative Action, Filing of Record, Dilatory Conduct
Civil Procedure Administrative Law Uniform Rule 30a Uniform Rule 53 Review of Administrative Action Filing of Record Dilatory Conduct

Case Brief

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Parties

Mlangeni Brothers Events CC

Applicant

Special Investigating Unit

Respondent

Member of the Executive Council: Gauteng Department of Health

Respondent

Procedural Posture

Review Application / Rule 30 a Interlocutory Application Within Pending Review

Legal Issues

  1. 1 Whether the purported record was properly filed in accordance with Rule 53(3).
  2. 2 Whether the Rule 30A application lacks bona fides.
  3. 3 Whether Mlangeni Brothers make out a case for the relief sought in the Rule 30A application.

Ratio Decidendi

The Tribunal found that although the Rule 30A application was brought in accordance with the rule, the applicant's conduct was excessively dilatory and frustrated the expeditious nature of the proceedings. The record was properly filed by uploading it on Caselines as directed, and the applicant's insistence on a different method was inconsistent with both the practical implementation of Rule 53(3) and the Tribunal's directives. The application was not bona fide, as the applicant failed to explain its delays and persisted with the application despite the MEC's affidavit confirming the record. The applicant did not make out a case for the relief sought, and its complaints were belated and...

Court Disposition

The Rule 30A application is dismissed with costs on the attorney and client scale. The applicant is granted an indulgence to file its answering affidavit, and further directives are issued to ensure the expeditious hearing of the review application.

Orders

  • The Rule 30A application is dismissed with costs on the attorney and client scale.
  • Mlangeni Brothers shall pay the SIU's wasted costs of 11 November 2021 on the attorney and client scale.