Members may recall that, in the Fedco update posted mid-May 2020, it was reported that the German Shepherd Federation of South Africa (GSDFSA) had 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) (since renamed Department of Agriculture, Land Reform & Rural Development – DALRRD) 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.
The above application was heard on 9 March 2020 and on 11 May 2020, the Honourable Shanaaz C Mia, Judge of the High Court, Gauteng Local Division, Johannesburg, dismissed the application with costs.
Soon after the above ruling, we were advised that the GSDFSA had applied for leave to appeal Judge Mia’s finding. This application was heard by Judge Mia on 28 September 2020 and her judgment was delivered on 2 October 2020.
Judge Mia came to the conclusion that “I am not persuaded that the issues raised by the applicant in its application for leave to appeal are issues in respect of which another court is likely to reach different conclusions.” On the question of condonation, the Honourable Judge found that “the applicant has not persuaded me that it has reasonable prospects that another court would come to a different decision.”
Judge Mia’s judgment was brief and to the point: “I am thus of the view that there are no reasonable prospects of another court coming to different conclusions, either on the facts or law. The appeal does not, in my view, have a reasonable prospect of success.
Leave to appeal should therefore be refused.”
The Judge issued the following Order:
“The Applicant’s application for leave to appeal is dismissed with costs”.