Simon v National Commissioner, DCS and Others (116396/2023) [2023] ZAGPPHC 1963 (29 November 2023)

Simon v National Commissioner, DCS and Others (116396/2023) [2023] ZAGPPHC 1963 (29 November 2023)

The court found that the applicant failed to provide an adequate explanation for the nine-month delay in bringing the application, undermining the claim of urgency. The alleged urgency existed in January or February 2023 when the applicant first threatened legal action, not in November 2023. The court agreed with the respondent that urgent courts are not suited to complex and novel matters of law, such as the treatment of inmates and the powers of correctional services. The applicant's delay created his own urgency, and he can obtain substantial relief in due course through the review process. Accordingly, the application was struck off the roll for lack of urgency.

Citation
[2023] ZAGPPHC 1963
Parties
Applicant: Yaniv Nossi Ben Simon; Respondent: National Commissioner, DCS; Respondent: Minister of Justice & Correctional Service; Respondent: Regional Commissioner, Gauteng; Respondent: Area Commissioner, Kgosi Mampuru II Area; Respondent: Head Office, Kgosi Mampuru II Correctional Centre; Respondent: Head of C-Max, Kgosi Mampuru II Correctional Centre; Respondent: Independent Correctional Centre Visitor, Kgosi Mampuru II Correctional Centre; Respondent: Judicial Inspector for Correctional Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 November 2023
Case Number
116396/2023
Procedural Posture
Urgent Application / Application for Interim Relief Pending Review
Outcome
Application struck off the roll for lack of urgency; costs awarded against applicant.
Judges
Ngalwana
Legal Topics
Solitary Confinement, Urgent Interdict, Separation of Powers, Treatment of Inmates
Constitutional Law Administrative Law Solitary Confinement Urgent Interdict Separation of Powers Treatment of Inmates

Case Brief

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Parties

Yaniv Nossi Ben Simon

Applicant

National Commissioner, DCS

Respondent

Minister of Justice & Correctional Service

Respondent

Regional Commissioner, Gauteng

Respondent

Area Commissioner, Kgosi Mampuru II Area

Respondent

Head Office, Kgosi Mampuru II Correctional Centre

Respondent

Head of C-Max, Kgosi Mampuru II Correctional Centre

Respondent

Independent Correctional Centre Visitor, Kgosi Mampuru II Correctional Centre

Respondent

Judicial Inspector for Correctional Services

Respondent

Procedural Posture

Urgent Application / Application for Interim Relief Pending Review

Legal Issues

  1. 1 Whether the application for interim relief to transfer the applicant from solitary confinement is urgent.
  2. 2 Whether delay in bringing the application defeats urgency.
  3. 3 Whether the applicant is entitled to interim relief pending review of the correctional services decision.

Ratio Decidendi

The court found that the applicant failed to provide an adequate explanation for the nine-month delay in bringing the application, undermining the claim of urgency. The alleged urgency existed in January or February 2023 when the applicant first threatened legal action, not in November 2023. The court agreed with the respondent that urgent courts are not suited to complex and novel matters of law, such as the treatment of inmates and the powers of correctional services. The applicant's delay created his own urgency, and he can obtain substantial relief in due course through the review process. Accordingly, the application was struck off the roll for lack of urgency.

Court Disposition

Application struck off the roll for lack of urgency; costs awarded against applicant.

Orders

  • The application is struck off the roll for lack of urgency.
  • The applicant is to pay the costs of this application on a party and party scale.