Appolus and Others v Naledi Local Municipality and Others (UM199/2023; UM53/2023) [2024] ZANWHC 79 (18 March 2024)

Appolus and Others v Naledi Local Municipality and Others (UM199/2023; UM53/2023) [2024] ZANWHC 79 (18 March 2024)

The court held that the relief sought by the applicants to declare the appeal under section 18(4) as lapsed is incompetent, as such a declaratory order is not warranted where the legal position is determined ex lege. The existence of two case numbers and parallel appeals does not create two rights of appeal; there...

Source-derived case information.

Citation
[2024] ZANWHC 79
Parties
Applicant: Thabo Appolus; Applicant: Cllr Lorato Sethlake; Applicant: Cllr Lebogang Jacobs; Applicant: Cllr Vuyiswa Morakile; Respondent: Naledi Local Municipality; Respondent: Naledi Local Municipal Council; Respondent: Cllr PGC Gulane N.O (Speaker); Respondent: Cllr J Groep N.O (Mayor); Respondent: Mr Modisenyane Segapo N.O (Newly appointed Municipal Manager); Respondent: The MEC for Cooperative Governance and Traditional Affairs North West Province; Respondent: South African Local Government Association (SALAGA); Respondent: Provincial Treasury: North West Province; Respondent: Nelson Mongale N.O (former Acting Municipal Manager)
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
18 March 2024
Case Number
UM199/2023; UM53/2023
Procedural Posture
Urgent Application / Application for Enforcement of Review Judgment and Determination of Appeal Status
Outcome
Application partly granted. The review judgment is to be executed pending the outcome of the appeal to the Supreme Court of Appeal. Costs awarded against respondents who opposed the application.
Judges
FMM Reid
Legal Topics
Execution Pending Appeal, Municipal Manager Appointment, Superior Courts Act Section 18, Leave to Appeal, Review of Administrative Action
Civil Procedure Administrative Law Execution Pending Appeal Municipal Manager Appointment Superior Courts Act Section 18 Leave to Appeal Review of Administrative Action

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Parties

Thabo Appolus

Applicant

Cllr Lorato Sethlake

Applicant

Cllr Lebogang Jacobs

Applicant

Cllr Vuyiswa Morakile

Applicant

Naledi Local Municipality

Respondent

Naledi Local Municipal Council

Respondent

Cllr PGC Gulane N.O (Speaker)

Respondent

Cllr J Groep N.O (Mayor)

Respondent

Mr Modisenyane Segapo N.O (Newly appointed Municipal Manager)

Respondent

The MEC for Cooperative Governance and Traditional Affairs North West Province

Respondent

South African Local Government Association (SALAGA)

Respondent

Provincial Treasury: North West Province

Respondent

Nelson Mongale N.O (former Acting Municipal Manager)

Respondent

Procedural Posture

Urgent Application / Application for Enforcement of Review Judgment and Determination of Appeal Status

Legal Issues

  1. 1 Whether the appeal lodged in terms of section 18(4) of the Superior Courts Act has lapsed and whether a declaratory order to that effect is competent.
  2. 2 Whether the execution of the review judgment should proceed pending the outcome of the appeal to the Supreme Court of Appeal.
  3. 3 Whether two parallel appeal processes are permissible under the Superior Courts Act in the circumstances.

Ratio Decidendi

The court held that the relief sought by the applicants to declare the appeal under section 18(4) as lapsed is incompetent, as such a declaratory order is not warranted where the legal position is determined ex lege. The existence of two case numbers and parallel appeals does not create two rights of appeal; there is only one automatic right to appeal, and leave to appeal to the Supreme Court of Appeal has already been granted. The review judgment must be executed as previously ordered, and the respondents' argument that execution is suspended pending directives from the Judge President is opportunistic and misguided. The discretion to order execution pending appeal was properly...

Court Disposition

Application partly granted. The review judgment is to be executed pending the outcome of the appeal to the Supreme Court of Appeal. Costs awarded against respondents who opposed the application.

Orders

  • Non-compliance with the Uniform Rules of Court is condoned and the matter is heard on an urgent basis.
  • Applications under case numbers UM53/2023 and UM199/2023 are to be heard together.