HELEN SUZMAN FOUNDATION: JUDGMENT IN RE THE MINISTER'S APPLICATION FOR LEAVE TO APPEAL
Following the HSF's resounding success in the Gauteng Division of the High Court, Pretoria ("High Court") on 23 January 2015, in accordance with the judgment of the Honourable Mr Justice Prinsloo ("the Prinsloo Judgment"), the Minister of Police ("the Minister") made an application for leave to appeal against the Prinsloo Judgment on 26 January 2015.
The effect of the filing of the application for leave to appeal is that the order granted in the Prinsloo Judgment was suspended pending the outcome of such application for leave to appeal.
The HSF then applied urgently to the High Court in terms of Rule 49(11) of the Rules of Court for an order enforcing the High Court order ("enforcement order"). If granted, the High Court order would be enforced regardless of any appeal. The Minister would then need to bring a separate application to set aside the enforcement order.
The applications were to be heard simultaneously on Friday 30 January 2015. However, counsel for the Minister asked, yet again, for a postponement. The Minister was not prepared to argue the leave to appeal as counsel were unprepared to argue both matters. The Court granted the postponement and, upon conclusion of argument on Monday 2 February 2015, reserved judgment to Friday 6 February 2015.
The HSF is pleased with the judgment handed down by the Court this morning ('the second Prinsloo Judgment") (see here). The second Prinsloo Judgment stated, inter alia, the following:
Leave to Appeal. The Court dismissed the Minister's application for leave to appeal with costs;
Rule 49(11). The Court granted the Rule 49(11) thereby maintaining the independence of the Hawks, in line with the Constitutional Court's November 2014 Judgment.
The second Prinsloo Judgment is welcomed by the HSF as not only a vindication of the Constitutional Court Judgment, but a resounding victory in defence of the Rule of the Law.
Statement issued by Francis Antonie, Director of the Helen Suzman Foundation, February 6 2015
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