S v Mavimbela and Others (R113/19) [2020] ZAMPMBHC 35; 2021 (1) SACR 145 (MM) (22 April 2020)

S v Mavimbela and Others (R113/19) [2020] ZAMPMBHC 35; 2021 (1) SACR 145 (MM) (22 April 2020)

The Full Bench found that the Skukuza court building had been duly appointed as a place for the holding of a court, including regional court proceedings, under the Magistrates' Courts Act and relevant Government Notices. The directives issued by Judges President Mlambo and Legodi in terms of section 8(4)(c) of the Superior Courts Act were valid and binding on the Regional Court President, who was obliged to implement them. The Regional Court President's refusal to comply with the directives and her decision to dismiss the State's application for transfer to Skukuza were based on a material misdirection on the law and constituted improper conduct. However, for practical reasons, the...

Citation
[2020] ZAMPMBHC 35
Parties
Applicant: State; Respondent: Ernest Mavimbela & Various Other Skukuza Matters; Applicant: Minister of Environment, Forestry and Fisheries; Applicant: South African National Parks (SANParks); Applicant: Minister of Justice and Correctional Services
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
22 April 2020
Case Number
R113/19
Procedural Posture
Special Review / Full Bench Review of Regional Court President's Decision
Outcome
The Regional Court President's decision refusing the State's application for transfer of matters to the Skukuza court is declared invalid, but the order does not operate retrospectively.
Judges
B M Ngoepe, C Pretorius, M T Mankge
Legal Topics
Judicial Management, Coordination of Judicial Functions, Magistrates Courts Act, Superior Courts Act, Validity of Directives, Review of Magistrates Court Decisions
Administrative Law Civil Procedure Judicial Management Coordination of Judicial Functions Magistrates Courts Act Superior Courts Act Validity of Directives Review of Magistrates Court Decisions

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Parties

State

Applicant

Ernest Mavimbela & Various Other Skukuza Matters

Respondent

Minister of Environment, Forestry and Fisheries

Applicant

South African National Parks (SANParks)

Applicant

Minister of Justice and Correctional Services

Applicant

Procedural Posture

Special Review / Full Bench Review of Regional Court President's Decision

Legal Issues

  1. 1 Whether the Regional Court President was obliged to comply with directives issued by Judges President regarding the Skukuza periodical regional court.
  2. 2 Whether the Skukuza court building is duly appointed as a place for the holding of a regional court under relevant legislation.
  3. 3 Whether the directives issued by Judges President in terms of section 8(4)(c) of the Superior Courts Act are valid and binding.

Ratio Decidendi

The Full Bench found that the Skukuza court building had been duly appointed as a place for the holding of a court, including regional court proceedings, under the Magistrates' Courts Act and relevant Government Notices. The directives issued by Judges President Mlambo and Legodi in terms of section 8(4)(c) of the Superior Courts Act were valid and binding on the Regional Court President, who was obliged to implement them. The Regional Court President's refusal to comply with the directives and her decision to dismiss the State's application for transfer to Skukuza were based on a material misdirection on the law and constituted improper conduct. However, for practical reasons, the...

Court Disposition

The Regional Court President's decision refusing the State's application for transfer of matters to the Skukuza court is declared invalid, but the order does not operate retrospectively.

Orders

  • The court building at Skukuza is duly appointed as a place for the holding of a court, including regional court proceedings for criminal trials, under the Magistrates' Court Act and relevant Government Notices.
  • The directives issued by Judge President Mlambo and Judge President Legodi in terms of section 8(4)(c) of the Superior Courts Act are valid and binding on Regional Court President Engelbrecht or her successor.