Seape and Another v Head: Special Investigating Unit and Others (A471/13) [2015] ZAGPPHC 79 (13 February 2015)

Seape and Another v Head: Special Investigating Unit and Others (A471/13) [2015] ZAGPPHC 79 (13 February 2015)

The court held that Proclamation no. R7 of 2007, as extended by Proclamation no. R35 of 2010, did not mandate the Special Investigating Unit to investigate the affairs of the National Home Builders Registration Council or the appellants, as the NHBRC was not listed among the 'Institutions' in the Proclamation. The preamble and schedule of the Proclamation made clear that only specified institutions were subject to investigation. The SIU's investigation into the NHBRC and the appellants was therefore ultra vires. Regarding access to the SIU report, the court found that the appellants had not invoked the Promotion of Access to Information Act and thus had not made out a case for access to...

Citation
[2015] ZAGPPHC 79
Parties
Appellant: Moira Granny Seape; Appellant: Ahanang Hardware & Construction CC; Respondent: Head: Special Investigating Unit; Respondent: Minister for Human Settlements; Respondent: President of the Republic of South Africa; Respondent: National Home Builders Registration Council (NHBRC)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 February 2015
Case Number
A471/13
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal succeeded in part; declaratory and interdictory relief granted regarding the SIU's mandate; relief for access to the report refused; no order as to costs.
Judges
Tuchten, C Pretorius, MW Msimeki
Legal Topics
Scope of Proclamation, Mandate of Special Investigating Unit, Interpretation of Statutory Instruments, Access to Information, Promotion of Access to Information Act
Administrative Law Civil Procedure Scope of Proclamation Mandate of Special Investigating Unit Interpretation of Statutory Instruments Access to Information Promotion of Access to Information Act

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Moira Granny Seape

Appellant

Ahanang Hardware & Construction CC

Appellant

Head: Special Investigating Unit

Respondent

Minister for Human Settlements

Respondent

President of the Republic of South Africa

Respondent

National Home Builders Registration Council (NHBRC)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Proclamation no. R7 of 2007, as extended by Proclamation no. R35 of 2010, lawfully mandated the Special Investigating Unit to investigate the affairs of the National Home Builders Registration Council and the appellants.
  2. 2 Whether the appellants are entitled to access to the report compiled by the Special Investigating Unit without invoking the Promotion of Access to Information Act.

Ratio Decidendi

The court held that Proclamation no. R7 of 2007, as extended by Proclamation no. R35 of 2010, did not mandate the Special Investigating Unit to investigate the affairs of the National Home Builders Registration Council or the appellants, as the NHBRC was not listed among the 'Institutions' in the Proclamation. The preamble and schedule of the Proclamation made clear that only specified institutions were subject to investigation. The SIU's investigation into the NHBRC and the appellants was therefore ultra vires. Regarding access to the SIU report, the court found that the appellants had not invoked the Promotion of Access to Information Act and thus had not made out a case for access to...

Court Disposition

Appeal succeeded in part; declaratory and interdictory relief granted regarding the SIU's mandate; relief for access to the report refused; no order as to costs.

Orders

  • It is declared that Proclamation no. R7 of 2007, as extended by Proclamation no. R35 of 2010, does not mandate the Special Investigating Unit headed by the first respondent to investigate the affairs of the National Home Builders Registration Council or the applicants.
  • The first respondent and the Special Investigating Unit of which he is the head are directed to refrain from investigating the affairs of the appellants in relation to the National Home Builders Registration Council unless duly authorised to do so.