Special Investigating Unit and Another v LNG Scientific (Pty) Ltd (GP03/2022) [2023] ZAST 4 (3 February 2023)

Special Investigating Unit and Another v LNG Scientific (Pty) Ltd (GP03/2022) [2023] ZAST 4 (3 February 2023)

The Tribunal found that, in the absence of a specific rule regulating the period for noting an appeal to the Full Court, Uniform Rule 49(2) should be invoked under Tribunal Rule 28(1). This requires LNG Scientific to have filed its notice of appeal within 20 days of the Tribunal's order dated 7 September 2022. Since LNG Scientific failed to do so, and condonation has not yet been granted, there is no proper appeal pending before the Full Court. The Tribunal rejected LNG Scientific's argument that the 20-day period does not apply where leave to appeal is refused, holding that the automatic right of appeal must still be exercised within a reasonable and regulated period to serve the...

Citation
[2023] ZAST 4
Parties
Applicant: Special Investigating Unit; Applicant: MEC: Gauteng Department of Health; Respondent: LNG Scientific (PTY) Ltd
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
3 February 2023
Case Number
GP03/2022
Procedural Posture
Civil Procedure / Ruling on Directives and Appeal Period for Interlocutory Order
Outcome
Directives for the further conduct of the review application granted; LNG Scientific's notice of appeal was filed out of time and is not pending until condonation is granted.
Judges
L.T. Modiba
Legal Topics
Appeal Period, Automatic Right of Appeal, Condonation, Interlocutory Orders, Tribunal Rules, Uniform Rules Application
Civil Procedure Appeal Period Automatic Right of Appeal Condonation Interlocutory Orders Tribunal Rules Uniform Rules Application

Case Brief

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Parties

Special Investigating Unit

Applicant

MEC: Gauteng Department of Health

Applicant

LNG Scientific (PTY) Ltd

Respondent

Procedural Posture

Civil Procedure / Ruling on Directives and Appeal Period for Interlocutory Order

Legal Issues

  1. 1 What is the period within which LNG Scientific ought to have filed its notice to appeal to the Full Court?
  2. 2 Whether the Tribunal's 7 September 2022 order is suspended under section 18(1) of the Superior Courts Act in the present circumstances.

Ratio Decidendi

The Tribunal found that, in the absence of a specific rule regulating the period for noting an appeal to the Full Court, Uniform Rule 49(2) should be invoked under Tribunal Rule 28(1). This requires LNG Scientific to have filed its notice of appeal within 20 days of the Tribunal's order dated 7 September 2022. Since LNG Scientific failed to do so, and condonation has not yet been granted, there is no proper appeal pending before the Full Court. The Tribunal rejected LNG Scientific's argument that the 20-day period does not apply where leave to appeal is refused, holding that the automatic right of appeal must still be exercised within a reasonable and regulated period to serve the...

Court Disposition

Directives for the further conduct of the review application granted; LNG Scientific's notice of appeal was filed out of time and is not pending until condonation is granted.

Orders

  • The respondent shall deliver its answering affidavit, if any, by 6 March 2023.
  • The applicants shall deliver their replying affidavit by 24 March 2023.