Moake and Another v Telkom (SOC) Limited and Another (15246/2019) [2020] ZAGPPHC 540 (14 September 2020)

Moake and Another v Telkom (SOC) Limited and Another (15246/2019) [2020] ZAGPPHC 540 (14 September 2020)

The application for leave to appeal was dismissed because the applicant failed to demonstrate any reasonable prospects of success on appeal. The grounds advanced were either abandoned during the main hearing, not properly pleaded, or lacked merit. The principle of subsidiarity precluded reliance on constitutional provisions where specific legislation applied, and the applicant could not establish a breach of PAJA or PAIA. Factual disputes were resolved in accordance with the Plascon Evans rule, and no compelling reasons were presented to justify granting leave. The court found that the application for leave to appeal constituted an abuse of process, particularly as the applicant sought to...

Citation
[2020] ZAGPPHC 540
Parties
Applicant: Peka Meshack Maoke; Applicant: Essau Cyril Baloyi; Respondent: Telkom (SOC) Limited; Respondent: Combined Private Investigation CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 September 2020
Case Number
15246/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Main Judgment
Outcome
Application for leave to appeal dismissed with costs on the party-and-party scale.
Judges
VM Movshovich
Legal Topics
Principle of Subsidiarity, Leave to Appeal Test, Section 197 Transfer, Access to Information, Costs in Constitutional Litigation, Motion Proceedings
Constitutional Law Civil Procedure Labour Law Principle of Subsidiarity Leave to Appeal Test Section 197 Transfer Access to Information Costs in Constitutional Litigation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Peka Meshack Maoke

Applicant

Essau Cyril Baloyi

Applicant

Telkom (SOC) Limited

Respondent

Combined Private Investigation CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Main Judgment

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion to the main judgment.
  2. 2 Whether the principle of subsidiarity precludes reliance on constitutional provisions where specific legislation applies.
  3. 3 Whether the applicants can raise new grounds under PAJA and PAIA on appeal when these were abandoned or not pleaded.

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to demonstrate any reasonable prospects of success on appeal. The grounds advanced were either abandoned during the main hearing, not properly pleaded, or lacked merit. The principle of subsidiarity precluded reliance on constitutional provisions where specific legislation applied, and the applicant could not establish a breach of PAJA or PAIA. Factual disputes were resolved in accordance with the Plascon Evans rule, and no compelling reasons were presented to justify granting leave. The court found that the application for leave to appeal constituted an abuse of process, particularly as the applicant sought to...

Court Disposition

Application for leave to appeal dismissed with costs on the party-and-party scale.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application on the party-and-party scale.