GSDFSA vs Registrar AIA & Others

Fedco Update - German Shepherd Federation of South Africa vs Registrar of Animal Improvement and Others

Members will recall that the German Shepherd Federation of South Africa (GSDFSA) applied for a Judicial Review under the Promotion of Administrative Justice Act (PAJA) to have certain actions of the Registrar of Animal Improvement in the Department of Agriculture, Forestry and Fisheries (DAFF) set aside. The impugned actions were the Registrar’s decision to register KUSA as the Breeders’ Society for 218 canine breeds (including German Shepherd Dogs) and as a Registering Authority for canines.

On 11 May 2020, the Honourable Shanaaz C Mia, Judge of the High Court, Gauteng Local Division, Johannesburg, delivered her Judgement in the above matter, explaining the main issue at stake as follows:

“The main issue for determination is whether the Registrar was empowered to take the decision to issue a certificate to KUSA as a Breeding society on the 23 October 2015 and as a Registering authority on 13 June 2016 without consulting the Federation before taking the decision. Flowing from that, taking into account the provisions of s 7 of PAJA which prescribes the timeframe of 180 days for the institution of a review application; whether the application for review was brought within the prescribed timeframe.

Before proceeding to determine the merits of the application for the review of the decision of the Registrar, procedurally, it is important to determine the issue of condonation [of the late filing of the application by the GSDFSA] first. The respondents oppose the application for condonation for reasons set out ……”

In conclusion of her Judgment, Judge Mia states:

“The application cannot succeed on the simple basis that it was filed late - beyond the prescribed 180 days. Over and above, as demonstrated in the preceding paragraphs of this judgement, there is no good cause shown for the late filing of the review. Consequently, I am not satisfied that it is in the interest of justice that the applicant be granted and extension beyond the 180 days.”

Judge Mia then issues the following Order:

“Date of the hearing: 9 March 2020
Date of Judgment: 11 May 2020
For the reasons above I make the following order:
ORDER
The application is dismissed with costs.”