Titisi and Others v Chief Executive Officer of SASSA (2121/10) [2011] ZANWHC 3 (31 January 2011)

Titisi and Others v Chief Executive Officer of SASSA (2121/10) [2011] ZANWHC 3 (31 January 2011)

The court is bound by the majority judgment of the Full Bench in G T Seodigeng & Others v SASSA, which held that applicants must exhaust internal remedies before approaching the court for judicial review. Accordingly, applications where internal remedies were not exhausted were dismissed. Matters that were enrolled prematurely were struck off the roll. In the remaining cases, the court granted orders in terms of the respective draft orders handed up by the applicants, as there was no opposition from the respondent and the procedural requirements were met.

Citation
[2011] ZANWHC 3
Parties
Applicant: Jeminah Motlalepula Titisi; Applicant: Tshegofatso Cathrine Khonco; Applicant: Keaobaka Gloria Bogosi; Applicant: Okae Maureen Daumus; Applicant: Rina Keseledile Sisimogang; Applicant: Mosimawewatsela Andrew Senokwane; Applicant: Norah Magnesin Sibinda; Applicant: Morare Cathrine Maruping; Applicant: Sophy Mantuku Molefe; Applicant: Keinamang Eunice Mosikare; Applicant: Orapeleng Michael Mvula; Applicant: Masego Yvonne Matebesi; Applicant: Thomo Lydia Matlhaku; Applicant: Mmabatho Maggy Mohokgo; Applicant: France Mokale; Applicant: Kgomotso Victoria Matlolokwe; Applicant: Grace Tshegohatso Moshweu; Applicant: Galeome Anna Marwane; Applicant: Boipelo Dorothy Morao; Applicant: Zwelikude Joseph Mzeleni; Applicant: Sophy Maleko; Applicant: Kelebilemang Marie Mokale; Applicant: Dimakatso Dinah Melome; Applicant: Kelebemang Rina Maleke; Applicant: Keelatlhe Gloria Motlogelwa; Applicant: Simane Piet Masilo; Applicant: Motlalepula Francinah Matome; Applicant: Kereng Lemkie Setumo; Applicant: Ipeleng Gloria Tsirwe; Applicant: Mmareksia Fekie Chakale; Respondent: Chief Executive Officer of SASSA
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
31 January 2011
Case Number
2121/10
Procedural Posture
Review Application / Judgment
Outcome
Applications dismissed where internal remedies were not exhausted; matters struck off the roll where prematurely enrolled; orders granted in terms of draft orders for remaining applicants.
Judges
A A Landman
Legal Topics
Exhaustion of Internal Remedies, Premature Enrolment, Social Assistance, Review of Administrative Action
Administrative Law Exhaustion of Internal Remedies Premature Enrolment Social Assistance Review of Administrative Action

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Parties

Jeminah Motlalepula Titisi

Applicant

Tshegofatso Cathrine Khonco

Applicant

Keaobaka Gloria Bogosi

Applicant

Okae Maureen Daumus

Applicant

Rina Keseledile Sisimogang

Applicant

Mosimawewatsela Andrew Senokwane

Applicant

Norah Magnesin Sibinda

Applicant

Morare Cathrine Maruping

Applicant

Sophy Mantuku Molefe

Applicant

Keinamang Eunice Mosikare

Applicant

Orapeleng Michael Mvula

Applicant

Masego Yvonne Matebesi

Applicant

Thomo Lydia Matlhaku

Applicant

Mmabatho Maggy Mohokgo

Applicant

France Mokale

Applicant

Kgomotso Victoria Matlolokwe

Applicant

Grace Tshegohatso Moshweu

Applicant

Galeome Anna Marwane

Applicant

Boipelo Dorothy Morao

Applicant

Zwelikude Joseph Mzeleni

Applicant

Sophy Maleko

Applicant

Kelebilemang Marie Mokale

Applicant

Dimakatso Dinah Melome

Applicant

Kelebemang Rina Maleke

Applicant

Keelatlhe Gloria Motlogelwa

Applicant

Simane Piet Masilo

Applicant

Motlalepula Francinah Matome

Applicant

Kereng Lemkie Setumo

Applicant

Ipeleng Gloria Tsirwe

Applicant

Mmareksia Fekie Chakale

Applicant

Chief Executive Officer of SASSA

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants exhausted internal remedies before approaching the court.
  2. 2 Whether the matters were prematurely enrolled before the court.
  3. 3 Whether the applicants are entitled to relief in terms of their draft orders.

Ratio Decidendi

The court is bound by the majority judgment of the Full Bench in G T Seodigeng & Others v SASSA, which held that applicants must exhaust internal remedies before approaching the court for judicial review. Accordingly, applications where internal remedies were not exhausted were dismissed. Matters that were enrolled prematurely were struck off the roll. In the remaining cases, the court granted orders in terms of the respective draft orders handed up by the applicants, as there was no opposition from the respondent and the procedural requirements were met.

Court Disposition

Applications dismissed where internal remedies were not exhausted; matters struck off the roll where prematurely enrolled; orders granted in terms of draft orders for remaining applicants.

Orders

  • The applications of Tshegofatso Cathrine Khonco (2122/10), Rina Keseledile Sisimogang (2125/10), Kgomotso Victoria Matlolokwe (2136/10), and Galeome Anna Marwane (2138/10) are dismissed for failure to exhaust internal remedies.
  • The matters of Mmareksia Fekie Chakale (2199/10), Ipeleng Gloria Tsirwe (2181/10), Kereng Lemkie Setumo (2180/10), Kelebilemang Marie Mokale (2173/10), Grace Tshegohatso Moshweu (2137/10), France Mokale (2135/10), Mmabatho Maggy Mohokgo (2134/10), Thomo Lydia Matlhaku (2133/10), Orapeleng Michael Mvula (2131/10),...