Notshe Attorneys v State Attorney, Mthatha and Others (Leave to Appeal) (1071/2022) [2025] ZAECMHC 64 (20 February 2025)
The court found that the State Attorney, Mthatha and Minister of Justice and Correctional Services demonstrated reasonable prospects of success on appeal, satisfying the requirements of section 17(1) of the Superior Courts Act. Their application for leave to appeal to the Full Bench was granted. The Minister of Police failed to establish reasonable prospects of success or compelling reasons for leave to appeal to the Supreme Court of Appeal, and his application was dismissed with costs. Regarding the section 18(3) application by Notshe Attorneys, the court held that the applicant failed to prove irreparable harm would be suffered if the order was not executed pending appeal, and that the...
- Citation
- [2025] ZAECMHC 64
- Parties
- Applicant: Notshe Attorneys; Respondent: State Attorney, Mthatha; Respondent: Minister of Justice and Correctional Services; Respondent: MEC for Health, Eastern Cape; Respondent: Minister of Police; Respondent: National Director of Public Prosecutions
- Court
- Eastern Cape High Court, Mthatha
- Jurisdiction
- South Africa
- Judgment Date
- 20 February 2025
- Case Number
- 1071/2022
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal and Section 18(3) Application
- Outcome
- Leave to appeal granted to State Attorney, Mthatha and Minister of Justice and Correctional Services; leave to appeal dismissed for Minister of Police; section 18(3) application dismissed.
- Judges
- Mjame
- Legal Topics
- Leave to Appeal, Section 18 Application, Joinder of Parties, Outsourcing of State Legal Work, Indemnification, Irreparable Harm
Case Brief
Summary, issues, holding and outcome
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Parties
Notshe Attorneys
Applicant
State Attorney, Mthatha
Respondent
Minister of Justice and Correctional Services
Respondent
MEC for Health, Eastern Cape
Respondent
Minister of Police
Respondent
National Director of Public Prosecutions
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Section 18(3) Application
Legal Issues
- 1 Whether the applicants have reasonable prospects of success on appeal against the judgment of 17 October 2024.
- 2 Whether the Minister of Police has grounds for leave to appeal to the Supreme Court of Appeal.
- 3 Whether the requirements for a section 18(3) application to execute the order pending appeal are met.
Ratio Decidendi
The court found that the State Attorney, Mthatha and Minister of Justice and Correctional Services demonstrated reasonable prospects of success on appeal, satisfying the requirements of section 17(1) of the Superior Courts Act. Their application for leave to appeal to the Full Bench was granted. The Minister of Police failed to establish reasonable prospects of success or compelling reasons for leave to appeal to the Supreme Court of Appeal, and his application was dismissed with costs. Regarding the section 18(3) application by Notshe Attorneys, the court held that the applicant failed to prove irreparable harm would be suffered if the order was not executed pending appeal, and that the...
Court Disposition
Leave to appeal granted to State Attorney, Mthatha and Minister of Justice and Correctional Services; leave to appeal dismissed for Minister of Police; section 18(3) application dismissed.
Orders
- Application for leave to appeal by State Attorney, Mthatha and Minister of Justice to the Full Court of this Division is granted; costs will be costs in the appeal.
- Application for leave to appeal by Minister of Police to the Supreme Court of Appeal is dismissed with costs.
Full Case Text
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