Sekwela v Minister of Police (1380/2020) [2023] ZAFSHC 474 (4 December 2023)

Sekwela v Minister of Police (1380/2020) [2023] ZAFSHC 474 (4 December 2023)

The court exercised its discretion under Rule 41(1) and found no substantive reason to refuse the Applicant's request to withdraw the condonation application. The Applicant's tender of costs was accepted as appropriate, given that the withdrawal was an indulgence sought by the Applicant. The Respondent's opposition did not present sufficient grounds to deny withdrawal or to refuse leave to bring a fresh condonation application. The court granted leave to withdraw, ordered the Applicant to pay the Respondent's costs on a party and party scale, and granted leave to institute a new condonation application for non-compliance with Section 3 of the Institution of Legal Proceedings Against...

Citation
[2023] ZAFSHC 474
Parties
Applicant: Sekwela Thandi Petrus; Respondent: Minister of Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 December 2023
Case Number
1380/2020
Procedural Posture
Civil Application / Application for Withdrawal of Condonation and Costs Order
Outcome
Leave granted to withdraw condonation application; costs awarded to Respondent; leave granted to bring fresh condonation application.
Judges
P R Cronjé
Legal Topics
Withdrawal of Application, Condonation, Institution of Legal Proceedings Against Organs of State Act, Costs Award
Civil Procedure Withdrawal of Application Condonation Institution of Legal Proceedings Against Organs of State Act Costs Award

Case Brief

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Parties

Sekwela Thandi Petrus

Applicant

Minister of Police

Respondent

Procedural Posture

Civil Application / Application for Withdrawal of Condonation and Costs Order

Legal Issues

  1. 1 Whether the Applicant is entitled to withdraw the condonation application under Rule 41(1).
  2. 2 Whether the Respondent is entitled to costs following withdrawal of the application.
  3. 3 Whether leave should be granted to institute a fresh condonation application.

Ratio Decidendi

The court exercised its discretion under Rule 41(1) and found no substantive reason to refuse the Applicant's request to withdraw the condonation application. The Applicant's tender of costs was accepted as appropriate, given that the withdrawal was an indulgence sought by the Applicant. The Respondent's opposition did not present sufficient grounds to deny withdrawal or to refuse leave to bring a fresh condonation application. The court granted leave to withdraw, ordered the Applicant to pay the Respondent's costs on a party and party scale, and granted leave to institute a new condonation application for non-compliance with Section 3 of the Institution of Legal Proceedings Against...

Court Disposition

Leave granted to withdraw condonation application; costs awarded to Respondent; leave granted to bring fresh condonation application.

Orders

  • Leave is granted to the Applicant to withdraw his application for condonation, issued on 23 October 2022.
  • The Applicant must pay the costs of the Respondent on a party and party scale.