Sebogodi v State President and Another (453/89) [1991] ZASCA 61 (23 May 1991)

Sebogodi v State President and Another (453/89) [1991] ZASCA 61 (23 May 1991)

The court held that the State President’s statutory discretion under section 1(1) of the Borders of Particular States Extension Act 2 of 1980 was not unlawfully fettered by prior government decisions or the inter-State agreement with Bophuthatswana. The government’s decision of 15 October 1984 and the agreement of 30 August 1985 were preparatory steps and did not bind the State President’s discretion, which only vested after the legislative amendment in 1987. The court found that the State President and Minister Viljoen considered the representations of the Braklaagte community, as evidenced by the meeting on 15 December 1988 and subsequent correspondence, and that the discretion was...

Citation
[1991] ZASCA 61
Parties
Appellant: Pupsey Ntsanyana Sebogodi; Respondent: State President; Respondent: Minister of Education and Development Aid
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
23 May 1991
Case Number
453/89
Procedural Posture
Civil Appeal / Appeal From Transvaal Provincial Division; Judgment of VAN DER MERWE J
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Joubert, Nestadt, Kumleben, F H Grosskopf, Preiss
Legal Topics
Exercise of Discretion, Incorporation of Land, Statutory Powers, Fettering of Discretion, Inter State Agreements
Administrative Law Land and Property Exercise of Discretion Incorporation of Land Statutory Powers Fettering of Discretion Inter State Agreements

Case Brief

Summary, issues, holding and outcome

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Parties

Pupsey Ntsanyana Sebogodi

Appellant

State President

Respondent

Minister of Education and Development Aid

Respondent

Procedural Posture

Civil Appeal / Appeal From Transvaal Provincial Division; Judgment of VAN DER MERWE J

Legal Issues

  1. 1 Whether the State President's discretion under section 1(1) of the Borders of Particular States Extension Act 2 of 1980 was unlawfully fettered prior to the incorporation of Braklaagte into Bophuthatswana.
  2. 2 Whether Proclamation R220 of 1988, in so far as it relates to Braklaagte, is invalid due to failure to properly exercise discretion.
  3. 3 Whether the State President and Minister Viljoen merely implemented prior government decisions without applying their minds.

Ratio Decidendi

The court held that the State President’s statutory discretion under section 1(1) of the Borders of Particular States Extension Act 2 of 1980 was not unlawfully fettered by prior government decisions or the inter-State agreement with Bophuthatswana. The government’s decision of 15 October 1984 and the agreement of 30 August 1985 were preparatory steps and did not bind the State President’s discretion, which only vested after the legislative amendment in 1987. The court found that the State President and Minister Viljoen considered the representations of the Braklaagte community, as evidenced by the meeting on 15 December 1988 and subsequent correspondence, and that the discretion was...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.