Acting Municipal Manager and Others v Madibeng Black Business Chamber and Others (11527/22) [2022] ZAGPPHC 501 (5 July 2022)

Acting Municipal Manager and Others v Madibeng Black Business Chamber and Others (11527/22) [2022] ZAGPPHC 501 (5 July 2022)

The court held that while Rule 7(1) provides the prescribed procedure for challenging authority, the urgency of the application and the facts of the case justified the approach taken. The respondents did not comply with Rule 7(1), but the court found that the urgency and the lack of response from the applicants to the authority issue distinguished the matter. The application was dismissed not solely on the authority issue but also because the facts showed the peaceful nature of the strike and no incidents occurred. Leave to appeal was granted, but limited only to the findings regarding the obligation to file a resolution and the distinction applied to Rule 7(1) in urgent proceedings.

Citation
[2022] ZAGPPHC 501
Parties
Applicant: Acting Municipal Manager; Applicant: Madibeng Local Municipality; Respondent: Madibeng Black Business Chamber; Respondent: Judah Malepe; Respondent: Gaby Tsheola; Respondent: Annah Mosidi; Respondent: Elias Buda; Respondent: Sello Monnapule; Respondent: Thabiso Ramalepa; Respondent: T Mmebe; Respondent: All persons associated with or members of the Madibeng Black Business Chamber
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 July 2022
Case Number
11527/22
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Under Section 17(1) of the Superior Courts Act
Outcome
Leave to appeal to the full court is granted, limited to the findings on the obligation to file a resolution and the application of Rule 7(1) in urgent proceedings.
Judges
Tlhapi VV
Legal Topics
Authority to Institute Proceedings, Rule 7 Uniform Rules, Urgent Application, Point in Limine
Civil Procedure Authority to Institute Proceedings Rule 7 Uniform Rules Urgent Application Point in Limine

Case Brief

Summary, issues, holding and outcome

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Parties

Acting Municipal Manager

Applicant

Madibeng Local Municipality

Applicant

Madibeng Black Business Chamber

Respondent

Judah Malepe

Respondent

Gaby Tsheola

Respondent

Annah Mosidi

Respondent

Elias Buda

Respondent

Sello Monnapule

Respondent

Thabiso Ramalepa

Respondent

T Mmebe

Respondent

All persons associated with or members of the Madibeng Black Business Chamber

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Under Section 17(1) of the Superior Courts Act

Legal Issues

  1. 1 Whether the first applicant's authority to institute proceedings could be challenged by way of a point in limine rather than Rule 7(1).
  2. 2 Whether urgency justified deviation from the strict application of Rule 7(1).
  3. 3 Whether the lack of authority was the sole reason for dismissal of the application.

Ratio Decidendi

The court held that while Rule 7(1) provides the prescribed procedure for challenging authority, the urgency of the application and the facts of the case justified the approach taken. The respondents did not comply with Rule 7(1), but the court found that the urgency and the lack of response from the applicants to the authority issue distinguished the matter. The application was dismissed not solely on the authority issue but also because the facts showed the peaceful nature of the strike and no incidents occurred. Leave to appeal was granted, but limited only to the findings regarding the obligation to file a resolution and the distinction applied to Rule 7(1) in urgent proceedings.

Court Disposition

Leave to appeal to the full court is granted, limited to the findings on the obligation to file a resolution and the application of Rule 7(1) in urgent proceedings.

Orders

  • Leave to appeal to the full court of this division is granted limited to the issues in paragraph [10] above and costs in the appeal.