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Freedom Under Law v Motata (33227/2020) [2021] ZAGPPHC 14

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Freedom Under Law v Motata (33227/2020) [2021] ZAGPPHC 14

5th February 2021

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Summary: Interpretation of statutes – Applicant seeks declaratory orders that section 47(1) of the Superior Courts Act 10 of 2013 does not apply to retired Judges and that the term ‘civil proceedings’ does not relate to review applications instituted against regulatory bodies such as the Judicial Services Commission (JSC) but not against Judges even if they have an interest in the matter – alternative relief is for consent to  be granted in terms of the section to cite a retired Judge – meaning and purpose of section 47(1) restated – doctrine of leave to sue applies with equal force to retired Judges –- case by case approach required when consent requested –- Retired judges continue to feature in judicial functions and activities  - the safety net of section 47(1) is largely aimed at protecting judicial independence – test is whether good cause has been shown.

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