Afriforum NPC and Another v City of Matlosana Local Municipality and Others (15572/2013) [2013] ZAGPPHC 407 (4 December 2013)

Afriforum NPC and Another v City of Matlosana Local Municipality and Others (15572/2013) [2013] ZAGPPHC 407 (4 December 2013)

The court found that Afriforum NPC failed to establish any direct or sufficient connection to the communities of Klerksdorp and Jouberton and thus lacked locus standi to bring the application. The mere assertion of being a community organization involved in local government was insufficient without evidence of being an integral part of the affected local community. In contrast, the second applicant, as a business owner in Klerksdorp, demonstrated a direct and personal interest in the threatened electricity disconnection and thus had standing. Regarding costs, the court held that the applicants brought the application unreasonably, as they were aware of the municipality's efforts to...

Citation
[2013] ZAGPPHC 407
Parties
Applicant: Afriforum NPC; Applicant: William Selborne George Lilly; Respondent: City of Matlosana Local Municipality; Respondent: Manager: Matlosana Local Municipality; Respondent: Eskom Holdings Limited; Respondent: MEC for Local Government: North West Province; Respondent: MEC for Finance: North West Province; Respondent: Minister of Public Enterprise
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 December 2013
Case Number
15572/2013
Procedural Posture
Urgent Application / Return Date for Interim Interdict; Determination of Locus Standi and Costs
Outcome
Application dismissed as regards Afriforum NPC for lack of locus standi; second applicant found to have standing but application brought unreasonably; costs awarded against applicants.
Judges
TM Masipa
Legal Topics
Locus Standi, Municipal Services, Interim Interdict, Costs Order
Civil Procedure Administrative Law Locus Standi Municipal Services Interim Interdict Costs Order

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Parties

Afriforum NPC

Applicant

William Selborne George Lilly

Applicant

City of Matlosana Local Municipality

Respondent

Manager: Matlosana Local Municipality

Respondent

Eskom Holdings Limited

Respondent

MEC for Local Government: North West Province

Respondent

MEC for Finance: North West Province

Respondent

Minister of Public Enterprise

Respondent

Procedural Posture

Urgent Application / Return Date for Interim Interdict; Determination of Locus Standi and Costs

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the application for an interdict against the respondents.
  2. 2 Whether the applicants are entitled to costs of the application.

Ratio Decidendi

The court found that Afriforum NPC failed to establish any direct or sufficient connection to the communities of Klerksdorp and Jouberton and thus lacked locus standi to bring the application. The mere assertion of being a community organization involved in local government was insufficient without evidence of being an integral part of the affected local community. In contrast, the second applicant, as a business owner in Klerksdorp, demonstrated a direct and personal interest in the threatened electricity disconnection and thus had standing. Regarding costs, the court held that the applicants brought the application unreasonably, as they were aware of the municipality's efforts to...

Court Disposition

Application dismissed as regards Afriforum NPC for lack of locus standi; second applicant found to have standing but application brought unreasonably; costs awarded against applicants.

Orders

  • The first applicant, Afriforum NPC, has no locus standi to bring this application.
  • The second applicant, William Selborne George Lilly, has locus standi to bring the application.