Minister of Justice and Correctional Service and Another v Mmela Investment Holdings (Pty) Ltd (46825/2017) [2017] ZAGPPHC 695 (24 October 2017)

Minister of Justice and Correctional Service and Another v Mmela Investment Holdings (Pty) Ltd (46825/2017) [2017] ZAGPPHC 695 (24 October 2017)

The court found that exceptional circumstances exist due to the ongoing prejudice to the Department and the public, who are denied access to court files and documents necessary for the administration of justice. The applicants demonstrated irreparable harm in failing their constitutional mandate and public service obligations, while the respondent failed to substantiate any irreparable harm it would suffer if the order remained in operation. The balance of convenience and justice favoured the applicants, and the requirements of section 18 of the Superior Courts Act were met. Therefore, the order granted on 2 August 2017 should remain effective and enforceable pending any petition or appeal.

Citation
[2017] ZAGPPHC 695
Parties
Applicant: Minister of Justice and Correctional Service; Applicant: Director General of the Department of Justice and Constitutional Development; Respondent: Mmela Investment Holdings (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 October 2017
Case Number
46825/2017
Procedural Posture
Urgent Application / Section 18 Application Following Refusal of Leave to Appeal
Outcome
Application granted. The order of 2 August 2017 remains effective and enforceable pending any petition or appeal. The respondent is ordered to comply within 48 hours and to pay the costs of the application, including costs of two counsel.
Judges
C Pretorius
Legal Topics
Section 18 Application, Leave to Execute Pending Appeal, Irreparable Harm, Exceptional Circumstances, Public Interest Access to Courts
Civil Procedure Administrative Law Section 18 Application Leave to Execute Pending Appeal Irreparable Harm Exceptional Circumstances Public Interest Access to Courts

Case Brief

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Parties

Minister of Justice and Correctional Service

Applicant

Director General of the Department of Justice and Constitutional Development

Applicant

Mmela Investment Holdings (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Section 18 Application Following Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether exceptional circumstances exist justifying the order to remain in operation pending any petition or appeal.
  2. 2 Whether the applicants will suffer irreparable harm if the order is suspended during appeal processes.
  3. 3 Whether the respondent will suffer irreparable harm if the order remains in operation.

Ratio Decidendi

The court found that exceptional circumstances exist due to the ongoing prejudice to the Department and the public, who are denied access to court files and documents necessary for the administration of justice. The applicants demonstrated irreparable harm in failing their constitutional mandate and public service obligations, while the respondent failed to substantiate any irreparable harm it would suffer if the order remained in operation. The balance of convenience and justice favoured the applicants, and the requirements of section 18 of the Superior Courts Act were met. Therefore, the order granted on 2 August 2017 should remain effective and enforceable pending any petition or appeal.

Court Disposition

Application granted. The order of 2 August 2017 remains effective and enforceable pending any petition or appeal. The respondent is ordered to comply within 48 hours and to pay the costs of the application, including costs of two counsel.

Orders

  • The order granted on 2 August 2017 under case number 46825/2017 is declared effective and enforceable pending petition and, if leave to appeal is granted, pending any appeal.
  • The respondent is ordered to comply with the order handed down on 2 August 2017 within 48 hours of the grant of this order.