South Africa Case Law

Seriti N.O. and Another v Corruption Watch and Others (81368/2016)

Seriti N.O. and Another v Corruption Watch and Others (81368/2016) [2022] ZAGPPHC 643 (31 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

81368/2016

Judges

D Mlambo, D Davis, Leeuw

The application for leave to appeal was dismissed due to an excessive and unjustified delay of more than two years, which undermined the principle of finality in litigation. The applicants' justification, based on a complaint before the Judicial Service Commission, was insufficient, as the review judgment did not make findings of misconduct or incapacity relevant to section 177 of the Constitution. The court found no reasonable prospects of success, as the applicants failed to demonstrate any error in the assessment of the Commission's report or the application of legal principles. Furthermor…

Source excerpt

• Condonation For Late Filing
• Judicial Review Of Commission
• Principle Of Legality
• Prospects Of Success
• Judicial Misconduct Complaint
• Section 177 Constitution

Phiyega v Farlam N.O and Others (49521/2016)

Phiyega v Farlam N.O and Others (49521/2016) [2021] ZAGPPHC 340 (30 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

49521/2016

Judge

Ranchod

The High Court dismissed General Phiyega’s review of the Marikana Commission findings, holding the case was delayed, moot, and barred by peremption.

• Judicial Review Of Commission
• Mootness
• Delay In Review
• Peremption
• Legality Review
• Rationality Review