Nunes v Crawford and Others (17899/2008) [2010] ZAWCHC 54; [2010] 4 All SA 304 (WCC) (23 March 2010)

Nunes v Crawford and Others (17899/2008) [2010] ZAWCHC 54; [2010] 4 All SA 304 (WCC) (23 March 2010)

The court found that the appeal committee of the Council for the Built Environment failed to comply with the requirements of procedural fairness under PAJA and the Constitution by not giving the applicant notice of the appeal and an opportunity to make representations. The decision to re-open the disciplinary investigation had adverse and material effects on the applicant, a registered professional, and the absence of notice was not justified by the statutes. The court held that the audi alteram partem principle applied at the stage of the appeal, and that the applicant was prejudiced by the lack of notice. The late lodging of the appeal was condoned due to confusion caused by SACAP's...

Citation
[2010] ZAWCHC 54
Parties
Applicant: Eduardo Fernandes Nunes; Respondent: Traugott Crawford; Respondent: Council for the Built Environment; Respondent: South African Council for the Architectural Profession
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
23 March 2010
Case Number
17899/2008
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Application for review granted; decision of the appeal committee of the CBE set aside and remitted for reconsideration under a fair procedure; applicant exempted from exhausting internal remedies; second respondent ordered to pay costs.
Judges
Allie, Madima
Legal Topics
Promotion of Administrative Justice Act, Procedural Fairness, Audi Alteram Partem, Condonation of Late Appeal, Disciplinary Proceedings
Administrative Law Civil Procedure Promotion of Administrative Justice Act Procedural Fairness Audi Alteram Partem Condonation of Late Appeal Disciplinary Proceedings

Case Brief

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Parties

Eduardo Fernandes Nunes

Applicant

Traugott Crawford

Respondent

Council for the Built Environment

Respondent

South African Council for the Architectural Profession

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the appeal committee of the Council for the Built Environment (CBE) acted procedurally unfairly by failing to give notice to the applicant before deciding to re-open the disciplinary investigation.
  2. 2 Whether the appeal to the CBE was lodged out of time and whether condonation was justified.
  3. 3 Whether the applicant should be exempted from exhausting internal remedies before approaching the court for review.

Ratio Decidendi

The court found that the appeal committee of the Council for the Built Environment failed to comply with the requirements of procedural fairness under PAJA and the Constitution by not giving the applicant notice of the appeal and an opportunity to make representations. The decision to re-open the disciplinary investigation had adverse and material effects on the applicant, a registered professional, and the absence of notice was not justified by the statutes. The court held that the audi alteram partem principle applied at the stage of the appeal, and that the applicant was prejudiced by the lack of notice. The late lodging of the appeal was condoned due to confusion caused by SACAP's...

Court Disposition

Application for review granted; decision of the appeal committee of the CBE set aside and remitted for reconsideration under a fair procedure; applicant exempted from exhausting internal remedies; second respondent ordered to pay costs.

Orders

  • The decision of the appeal committee of the Council for the Built Environment is set aside.
  • The appeal is remitted to the Council for the Built Environment for reconsideration after applying a just and fair procedure as contemplated by PAJA for all interested parties.