The judge said Jamal Ali and Abdille Mohammed Ali have failed to disclose sufficient grounds with sufficient particularity and detail to satisfy the requirements of urgency in terms of law. "The grounds relied upon to establish urgency are not and do not in themselves disclose or support a conclusion that this matter is urgent," said Rannowane. He stated that Part VI of the Intelligence and Security Service Act provides a procedure that requires all aggrieved parties to lodge a complaint against the DIS to the Registrar of the High Court.
"In this instance, the applicants have not complied with this part of the Act but have instead approached the High Court prematurely thus rendering their application incompetent before the court. In my view, it would be premature for this court to declare the seizure of the applicants' passports unlawful before hearing this application. It would be tantamount to delivering a judgment on a case that has not yet been heard. My earlier finding that the required statutory notice has not been given means that the merits of the application cannot be heard," the judge said.
