- Ka Mtuze v Judicial Services Commission and Others (22374/13) [2013] ZAGPPHC 2310.20 MB
[1] This is an application to review and set aside inter alia a decision made by the third respondent when it dismissed a complaint against the second respondent lodged by the applicant. The applicant also seeks to challenge the validity of s 14(2) of the Judicial Service Commission Act 2008, on constitutional grounds. The application has been enrolled on the unopposed motion roll. None of the respondents have filed answering affidavits, and the applicant contends that in these circumstances, he is entitled to have the merits of the application determined. The first and third respondents submit that the application was improperly enrolled, and that they remain entitled to file answering affidavits in due course in accordance with the provisions of rule 53. Also before the court is an application for joinder, in which the applicant seeks to have the Minister of Justice and Constitutional Development (‘the minister’) joined as a party to the application.
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