Astra Boerdery CC and Another v Acting Station Commander Ganyesa and Others (UM100/22) [2023] ZANWHC 164 (12 September 2023)

Astra Boerdery CC and Another v Acting Station Commander Ganyesa and Others (UM100/22) [2023] ZANWHC 164 (12 September 2023)

The court found that while the applicants proved the existence and service of the relevant court orders, they failed to establish beyond reasonable doubt that the respondents' conduct amounted to wilful and mala fide non-compliance. The SAPS officials acted within the confines of the law, sought to clarify conflicting versions, and did not arbitrarily refuse to enforce the orders. The court orders did not require SAPS to herd cattle, and their refusal to do so was reasonable. The applicants did not present sufficient evidence of deliberate or malicious breach by the respondents. Accordingly, the application for contempt was dismissed.

Citation
[2023] ZANWHC 164
Parties
Applicant: Astra Boerdery CC; Applicant: Alwyn Smit; Respondent: Acting Station Commander Ganyesa; Respondent: Cluster Commander: Dr RS Mompati District Commissioner - Brigadier TE Tlotleng; Respondent: Provincial Commissioner SAPS North West Province
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
12 September 2023
Case Number
UM100/22
Procedural Posture
Urgent Application / Application for Contempt of Court Orders Issued Previously; Judgment on Merits
Outcome
Application dismissed with costs.
Judges
Reddy
Legal Topics
Contempt of Court, Interdict, Execution of Court Orders, Trespass, Police Duties, Burden of Proof
Civil Procedure Land and Property Contempt of Court Interdict Execution of Court Orders Trespass Police Duties Burden of Proof

Case Brief

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Parties

Astra Boerdery CC

Applicant

Alwyn Smit

Applicant

Acting Station Commander Ganyesa

Respondent

Cluster Commander: Dr RS Mompati District Commissioner - Brigadier TE Tlotleng

Respondent

Provincial Commissioner SAPS North West Province

Respondent

Procedural Posture

Urgent Application / Application for Contempt of Court Orders Issued Previously; Judgment on Merits

Legal Issues

  1. 1 Whether the respondents wilfully and in bad faith failed to comply with court orders issued on 27 May 2022, 3 November 2022, and 1 December 2022.
  2. 2 Whether the conduct of the SAPS officials constituted contempt of court.
  3. 3 Whether the applicants proved non-compliance and mala fides beyond reasonable doubt.

Ratio Decidendi

The court found that while the applicants proved the existence and service of the relevant court orders, they failed to establish beyond reasonable doubt that the respondents' conduct amounted to wilful and mala fide non-compliance. The SAPS officials acted within the confines of the law, sought to clarify conflicting versions, and did not arbitrarily refuse to enforce the orders. The court orders did not require SAPS to herd cattle, and their refusal to do so was reasonable. The applicants did not present sufficient evidence of deliberate or malicious breach by the respondents. Accordingly, the application for contempt was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application for contempt of court is dismissed.
  • Costs are awarded in favour of the respondents.