Okah and Another v Minister of Justice and Correctional Services and Another (40959/14) [2015] ZAGPPHC 882 (5 August 2015)

Okah and Another v Minister of Justice and Correctional Services and Another (40959/14) [2015] ZAGPPHC 882 (5 August 2015)

The court found that the applicants approached the matter on an urgent basis and truncated the prescribed time frames in accordance with Rule 6(12). The grounds for leave to appeal were considered, but the court held that there were no reasonable prospects of success. The respondents were entitled to transfer the first applicant as a high-risk prisoner, with reasons for the transfer to be provided later, as supported by precedent. The court did not find merit in the applicants' arguments regarding the interpretation of section 43(3) or the alleged ultra vires conduct. Consequently, the application for leave to appeal was dismissed with costs, including the costs of two counsel.

Citation
[2015] ZAGPPHC 882
Parties
Applicant: Okah Henry Emomotimi; Applicant: Okah Azuka Stella; Respondent: Minister of Justice and Correctional Services; Respondent: National Commissioner of Correctional Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 August 2015
Case Number
40959/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Application
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
N.M. Mavundla
Legal Topics
Urgent Application, Review of Administrative Action, Transfer of Inmates, Interpretation of Statutes
Civil Procedure Administrative Law Urgent Application Review of Administrative Action Transfer of Inmates Interpretation of Statutes

Case Brief

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Parties

Okah Henry Emomotimi

Applicant

Okah Azuka Stella

Applicant

Minister of Justice and Correctional Services

Respondent

National Commissioner of Correctional Services

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Application

Legal Issues

  1. 1 Whether the application for leave to appeal has reasonable prospects of success.
  2. 2 Whether the court erred in finding the matter was approached on an urgent basis.
  3. 3 Whether the respondents were entitled to transfer the first applicant without complying with section 43(3) of the Correctional Services Act.

Ratio Decidendi

The court found that the applicants approached the matter on an urgent basis and truncated the prescribed time frames in accordance with Rule 6(12). The grounds for leave to appeal were considered, but the court held that there were no reasonable prospects of success. The respondents were entitled to transfer the first applicant as a high-risk prisoner, with reasons for the transfer to be provided later, as supported by precedent. The court did not find merit in the applicants' arguments regarding the interpretation of section 43(3) or the alleged ultra vires conduct. Consequently, the application for leave to appeal was dismissed with costs, including the costs of two counsel.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application, including the costs of two counsel.