Bennet and Another v Pretorius NO and Others (40024/2005) [2007] ZAGPHC 148 (15 August 2007)

Bennet and Another v Pretorius NO and Others (40024/2005) [2007] ZAGPHC 148 (15 August 2007)

The court found that the respondents failed to comply with several court orders requiring the return of gambling machines unlawfully attached from the applicants' premises. The respondents' affidavits were vague, superficial, and failed to make full disclosure regarding the theft of the machines. Their conduct reflected a disregard for the authority of the court and the rights of the applicants. However, the court held that a finding of contempt and committal could not be made on the papers without affording the respondents an opportunity to present evidence. The respondents were ordered to pay costs on an attorney and client scale, both in their official and personal capacities. The...

Citation
[2007] ZAGPHC 148
Parties
Applicant: Sarah Wilhelmina Bennet; Applicant: Duan Merensky; Respondent: Captain Pretorius N.O.; Respondent: Inspector Mokwena N.D.; Respondent: Provincial Commissioner: Safety and Security for the North West Province; Respondent: Senior Superintendent A Wagner N.O.
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
15 August 2007
Case Number
40024/2005
Procedural Posture
Urgent Application / Application for Contempt of Court and Related Relief
Outcome
Application for committal for contempt dismissed; costs awarded against respondents personally and officially; referrals for investigation ordered.
Judges
E Bertelsmann
Legal Topics
Contempt of Court, Search and Seizure, Unlawful Attachment, Failure to Disclose, Costs Order, Police Misconduct
Civil Procedure Criminal Law Administrative Law Contempt of Court Search and Seizure Unlawful Attachment Failure to Disclose Costs Order +1 more

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Parties

Sarah Wilhelmina Bennet

Applicant

Duan Merensky

Applicant

Captain Pretorius N.O.

Respondent

Inspector Mokwena N.D.

Respondent

Provincial Commissioner: Safety and Security for the North West Province

Respondent

Senior Superintendent A Wagner N.O.

Respondent

Procedural Posture

Urgent Application / Application for Contempt of Court and Related Relief

Legal Issues

  1. 1 Whether the respondents are in contempt of court for failing to comply with previous court orders regarding the return of gambling machines.
  2. 2 Whether the respondents deliberately withheld material information from the court and the applicants regarding the theft of attached property.
  3. 3 Whether the respondents and associated officials should be held personally liable for costs and referred for disciplinary and criminal investigation.

Ratio Decidendi

The court found that the respondents failed to comply with several court orders requiring the return of gambling machines unlawfully attached from the applicants' premises. The respondents' affidavits were vague, superficial, and failed to make full disclosure regarding the theft of the machines. Their conduct reflected a disregard for the authority of the court and the rights of the applicants. However, the court held that a finding of contempt and committal could not be made on the papers without affording the respondents an opportunity to present evidence. The respondents were ordered to pay costs on an attorney and client scale, both in their official and personal capacities. The...

Court Disposition

Application for committal for contempt dismissed; costs awarded against respondents personally and officially; referrals for investigation ordered.

Orders

  • The application for the incarceration of the first, third and fourth respondents for contempt of court is dismissed.
  • The first, third and fourth respondents are ordered, jointly and severally, to pay all the applicants' costs not covered by other orders on the attorney and client scale, both in their official and personal capacities.