South Africa Case Law

Koch and Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others (48799/19)

Koch and Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others (48799/19) [2024] ZAGPPHC 496 (30 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

48799/19

Judge

Moshoana

The High Court held that the Ombud’s determination and the Tribunal Chairperson’s refusal of leave to appeal were not reviewable under PAJA. The review was dismissed with costs.

• Promotion Of Administrative Justice Act
• Financial Services Regulation
• Ombud Determinations
• Leave To Appeal
• Judicial Review
• Civil Judgment Enforcement

Risk and Another v Msimang NO and Others (50027/2014)

Risk and Another v Msimang NO and Others (50027/2014) [2016] ZAGPPHC 1230 (4 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

50027/2014

Judge

NP Mngqibisa-Thusi

The court found that the application for exemption from exhausting internal remedies was incompetent, as the issue had already been decided by Judge Baqwa and was res judicata. The applicants failed to appeal that judgment and did not provide the Ombud with the requested information during the investigation. The Chair of the appeal board's refusal to allow further evidence was based on irrelevant considerations, specifically the applicant's perception of bias, which was not a rational basis for the decision. The Chair failed to address whether good cause was shown for allowing further evidenc…

Source excerpt

• Exhaustion Of Internal Remedies
• Promotion Of Administrative Justice Act
• Financial Services Regulation
• Review Of Administrative Action
• Procedural Fairness
• Ombud Determinations