Walus v Minister of Justice and Correctional Services and Others (28221/2020) [2021] ZAGPPHC 194 (6 April 2021)

Walus v Minister of Justice and Correctional Services and Others (28221/2020) [2021] ZAGPPHC 194 (6 April 2021)

The court found that the issues raised in the application for leave to appeal had already been fully considered in the main judgment. Upon review, the court concluded that there are no reasonable prospects of success for the appeal, as the reasons for refusing the relief sought remain valid and there is no likelihood that another court would reach a different conclusion. Furthermore, the court determined that the alleged infringement of the applicant's constitutional rights due to continued incarceration does not constitute a compelling reason to grant leave to appeal. The application for leave to appeal, including against the costs order, was therefore dismissed.

Citation
[2021] ZAGPPHC 194
Parties
Applicant: Janusz Jakub Walus; Respondent: Minister of Justice & Correctional Services; Respondent: The South African Communist Party; Respondent: Mrs Limpho Hani; Respondent: Minister of Home Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 April 2021
Case Number
28221/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Outcome
Application for leave to appeal dismissed.
Judges
E.M Kubushi
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Constitutional Rights Incarceration
Civil Procedure Constitutional Law Leave to Appeal Reasonable Prospect of Success Constitutional Rights Incarceration

Case Brief

Summary, issues, holding and outcome

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Parties

Janusz Jakub Walus

Applicant

Minister of Justice & Correctional Services

Respondent

The South African Communist Party

Respondent

Mrs Limpho Hani

Respondent

Minister of Home Affairs

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there is a compelling reason, including alleged infringement of constitutional rights, to grant leave to appeal.
  3. 3 Whether leave to appeal against the costs order should be granted.

Ratio Decidendi

The court found that the issues raised in the application for leave to appeal had already been fully considered in the main judgment. Upon review, the court concluded that there are no reasonable prospects of success for the appeal, as the reasons for refusing the relief sought remain valid and there is no likelihood that another court would reach a different conclusion. Furthermore, the court determined that the alleged infringement of the applicant's constitutional rights due to continued incarceration does not constitute a compelling reason to grant leave to appeal. The application for leave to appeal, including against the costs order, was therefore dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.