Bhawuli v Mthombeni (2019/37016) [2019] ZAGPJHC 530 (13 December 2019)

Bhawuli v Mthombeni (2019/37016) [2019] ZAGPJHC 530 (13 December 2019)

The court found that the applicant failed to demonstrate a reasonable prospect that another court would find the Domestic Violence Act does not provide an effective remedy. The Act affords cost-effective mechanisms and wide powers to the court, and the applicant's reliance on the police for enforcement does not render the remedy unsuitable. The requirements for leave to appeal under section 17(1) of the Superior Courts Act were not met, and there was no compelling reason to grant leave.

Citation
[2019] ZAGPJHC 530
Parties
Applicant: Kholeka Bhawuli; Respondent: Mzungulu Roy Mthombeni
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 December 2019
Case Number
2019/37016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
F Dippenaar
Legal Topics
Domestic Violence Act, Interim Protection Order, Leave to Appeal, Alternative Remedy
Family and Children Civil Procedure Domestic Violence Act Interim Protection Order Leave to Appeal Alternative Remedy

Case Brief

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Parties

Kholeka Bhawuli

Applicant

Mzungulu Roy Mthombeni

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would find the Domestic Violence Act does not provide an effective remedy for the applicant.
  2. 2 Whether the requirements for leave to appeal under section 17(1) of the Superior Courts Act 10 of 2013 are met.

Ratio Decidendi

The court found that the applicant failed to demonstrate a reasonable prospect that another court would find the Domestic Violence Act does not provide an effective remedy. The Act affords cost-effective mechanisms and wide powers to the court, and the applicant's reliance on the police for enforcement does not render the remedy unsuitable. The requirements for leave to appeal under section 17(1) of the Superior Courts Act were not met, and there was no compelling reason to grant leave.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.