Special Investigating Unit and Another v LNG Scientific (Pty) Ltd (GP03/2022) [2022] ZAST 15 (29 June 2022)

Special Investigating Unit and Another v LNG Scientific (Pty) Ltd (GP03/2022) [2022] ZAST 15 (29 June 2022)

The Tribunal held that Uniform Rule 53 does not apply to self-review applications brought by organs of State such as the SIU and the MEC: Gauteng Department of Health. The review application was properly brought under Tribunal Rule 10, and the respondents are not obliged to deliver a record of the impugned decision in terms of Uniform Rule 53(1)(b). LNG Scientific (Pty) Ltd is not prejudiced by the procedure adopted, as the respondents have tendered discovery of relevant documents under Tribunal Rule 17(4) read with Uniform Rule 35(13), (1), and (2). The Tribunal specified that discovery should be limited to the record of all information relevant to the impugned decision, excluding...

Citation
[2022] ZAST 15
Parties
Applicant: Special Investigating Unit; Applicant: MEC: Gauteng Department of Health; Respondent: LNG Scientific (Pty) Ltd
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
29 June 2022
Case Number
GP03/2022
Procedural Posture
Review Application / Interlocutory Application Regarding Access to Record
Outcome
Application dismissed. Costs are costs in the course. Respondents to discover the record of the impugned decision within 20 days, subject to specified exclusions.
Judges
L.T. Modiba
Legal Topics
Self Review, Discovery in Application Proceedings, Uniform Rule 53, Special Tribunals Act, Access to Record, Costs in Interlocutory Applications
Administrative Law Civil Procedure Self Review Discovery in Application Proceedings Uniform Rule 53 Special Tribunals Act Access to Record Costs in Interlocutory Applications

Case Brief

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Parties

Special Investigating Unit

Applicant

MEC: Gauteng Department of Health

Applicant

LNG Scientific (Pty) Ltd

Respondent

Procedural Posture

Review Application / Interlocutory Application Regarding Access to Record

Legal Issues

  1. 1 Whether the respondents are obliged to deliver a record of the impugned decision in terms of Uniform Rule 53(1)(b).
  2. 2 Whether the respondents’ tender to discover relevant documents will enable LNG Scientific (Pty) Ltd to properly oppose the review application.
  3. 3 Determination of costs for the interlocutory application.

Ratio Decidendi

The Tribunal held that Uniform Rule 53 does not apply to self-review applications brought by organs of State such as the SIU and the MEC: Gauteng Department of Health. The review application was properly brought under Tribunal Rule 10, and the respondents are not obliged to deliver a record of the impugned decision in terms of Uniform Rule 53(1)(b). LNG Scientific (Pty) Ltd is not prejudiced by the procedure adopted, as the respondents have tendered discovery of relevant documents under Tribunal Rule 17(4) read with Uniform Rule 35(13), (1), and (2). The Tribunal specified that discovery should be limited to the record of all information relevant to the impugned decision, excluding...

Court Disposition

Application dismissed. Costs are costs in the course. Respondents to discover the record of the impugned decision within 20 days, subject to specified exclusions.

Orders

  • The application is dismissed.
  • The costs of the application are costs in the course.