- Matlapeng v Minister of Justice and Constitutional Development and Another (33853/2007) [2015] ZAGPPHC 90.68 MB
1. The applicant seeks review and setting aside of the 1st respondents decision, in terms whereof the applicant was not, pursuant to the recommendation of the Magistrate’s Commission, appointed to the vacant post of Magistrate for the Magisterial District of Pretoria, but the second respondent was appointed in the vacant post.
2. The applicant seeks appointment as Magistrate at entry Level for the Magisterial District of Pretoria, and seeks this court to substitute its decision for that of the first respondent, with costs.
3. On 7 November 2013, the applicant amended his notice and sought condonation that the period of 180 days referred to in section 7(1) of the Promotion of Administrative Justice Act, 3 of 2000, (PAJA) is extended insofar as it may be necessary.
4. The first respondent opposes the review application, and also the amended relief for condonation, and raises the defence that there was unreasonable delay both in bringing of the application, and a substantial delay in prosecution of the application, and that the applicant therefore should be non-suited.
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