Betlane v Shelly Court CC (CCT 14/10) [2010] ZACC 23; 2011 (1) SA 388 (CC) ; 2011 (3) BCLR 264 (CC) (24 November 2010)

Betlane v Shelly Court CC (CCT 14/10) [2010] ZACC 23; 2011 (1) SA 388 (CC) ; 2011 (3) BCLR 264 (CC) (24 November 2010)

The Constitutional Court held that the restraining orders, which prevented the applicant from petitioning for leave to appeal, were abandoned by the respondent and thus rendered moot. The application for direct access was dismissed as there was no longer a live constitutional issue regarding security for costs. The application for leave to appeal against the eviction order was dismissed, as factual disputes remained and the matter was not ripe for consideration by the Constitutional Court without the benefit of prior appellate review. However, the Court found that the writ of execution was unlawfully issued and executed while the application for leave to appeal was pending, in...

Citation
[2010] ZACC 23
Parties
Applicant: Kabelo Betlane; Respondent: Shelly Court CC
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
24 November 2010
Case Number
CCT 14/10
Procedural Posture
Constitutional Appeal / Judgment on Direct Access and Leave to Appeal
Outcome
Application for direct access dismissed; application for leave to appeal against the eviction order dismissed; leave to appeal granted and upheld in respect of the writ of execution; writ of execution set aside; respondent ordered to pay all disbursements incurred by the applicant's attorneys; each party to pay own...
Judges
Mogoeng, Ngcobo, Moseneke, Brand, Cameron, Froneman, Khampepe, Nkabinde, Skweyiya
Legal Topics
Right of Access to Court, Eviction Proceedings, Security for Costs, Writ of Execution, Spoliation, Unlawful Occupation
Constitutional Law Civil Procedure Land and Property Right of Access to Court Eviction Proceedings Security for Costs Writ of Execution Spoliation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 29 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kabelo Betlane

Applicant

Shelly Court CC

Respondent

Procedural Posture

Constitutional Appeal / Judgment on Direct Access and Leave to Appeal

Legal Issues

  1. 1 Whether the restraining orders infringe the applicant's constitutional right of access to court.
  2. 2 Whether the writ of execution was lawfully issued and executed while leave to appeal was pending.
  3. 3 Whether the applicant is entitled to reinstatement to the premises after eviction under an invalid writ.

Ratio Decidendi

The Constitutional Court held that the restraining orders, which prevented the applicant from petitioning for leave to appeal, were abandoned by the respondent and thus rendered moot. The application for direct access was dismissed as there was no longer a live constitutional issue regarding security for costs. The application for leave to appeal against the eviction order was dismissed, as factual disputes remained and the matter was not ripe for consideration by the Constitutional Court without the benefit of prior appellate review. However, the Court found that the writ of execution was unlawfully issued and executed while the application for leave to appeal was pending, in...

Court Disposition

Application for direct access dismissed; application for leave to appeal against the eviction order dismissed; leave to appeal granted and upheld in respect of the writ of execution; writ of execution set aside; respondent ordered to pay all disbursements incurred by the applicant's attorneys; each party to pay own...

Orders

  • The application for direct access is dismissed.
  • Save for granting leave to appeal against the issuance of the writ of execution, the application for leave to appeal is otherwise dismissed.