Bojosinyane v Maroga and Others (UM197/2022) [2024] ZANWHC 221; [2024] 4 All SA 378 (NWM) (23 August 2024)

Bojosinyane v Maroga and Others (UM197/2022) [2024] ZANWHC 221; [2024] 4 All SA 378 (NWM) (23 August 2024)

The appeal was not properly before the court due to the appellant's failure to comply with mandatory procedural requirements, including timely filing of a power of attorney and providing security for costs as required by Rule 49(6)(a) and related rules. These defects resulted in the appeal being deemed to have lapsed, and no application for reinstatement was made under Rule 49(6)(b). Even if the appeal were properly before the court, the relief sought by the appellant was moot, as the underlying factual circumstances had ceased to exist and no live controversy remained. The court found no interests of justice warranting the exercise of discretion to hear a moot appeal. Judicial resources...

Citation
[2024] ZANWHC 221
Parties
Appellant: Olaotse Theophilus Bojosinyane; Respondent: Sello Maroga; Respondent: Kagisano Molopo Local Municipality; Respondent: MEC for the North West Department of Cooperative Governance, Human Settlements & Traditional Affairs; Respondent: ABSA Bank Limited; Respondent: Minister of Cooperative Governance and Traditional Affairs; Respondent: Premier of the North West Province; Respondent: Executive Council: North West Province; Respondent: Provincial Legislature: North West Province; Respondent: National Council of Provinces; Respondent: President of the Republic of South Africa
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
23 August 2024
Case Number
UM197/2022
Procedural Posture
Civil Appeal / Full Court Appeal; Appeal Against Judgment and Orders of 31 October 2022; Leave to Appeal Granted 18 August 2023; Appeal Heard 26 April 2024
Outcome
Appeal struck from the roll with costs due to procedural lapsing and mootness.
Judges
Hendricks, Laubscher, Morgan
Legal Topics
Mootness, Appeal Lapsing, Section 139 Intervention, Condonation, Justiciability
Civil Procedure Constitutional Law Mootness Appeal Lapsing Section 139 Intervention Condonation Justiciability

Case Brief

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Parties

Olaotse Theophilus Bojosinyane

Appellant

Sello Maroga

Respondent

Kagisano Molopo Local Municipality

Respondent

MEC for the North West Department of Cooperative Governance, Human Settlements & Traditional Affairs

Respondent

ABSA Bank Limited

Respondent

Minister of Cooperative Governance and Traditional Affairs

Respondent

Premier of the North West Province

Respondent

Executive Council: North West Province

Respondent

Provincial Legislature: North West Province

Respondent

National Council of Provinces

Respondent

President of the Republic of South Africa

Respondent

Procedural Posture

Civil Appeal / Full Court Appeal; Appeal Against Judgment and Orders of 31 October 2022; Leave to Appeal Granted 18 August 2023; Appeal Heard 26 April 2024

Legal Issues

  1. 1 Whether the appeal is properly before the court in light of procedural non-compliance and lapsing under Rule 49(6)(a).
  2. 2 Whether the relief sought by the appellant is moot and presents a live controversy for adjudication.
  3. 3 Whether condonation for late filing and procedural defects should be granted.

Ratio Decidendi

The appeal was not properly before the court due to the appellant's failure to comply with mandatory procedural requirements, including timely filing of a power of attorney and providing security for costs as required by Rule 49(6)(a) and related rules. These defects resulted in the appeal being deemed to have lapsed, and no application for reinstatement was made under Rule 49(6)(b). Even if the appeal were properly before the court, the relief sought by the appellant was moot, as the underlying factual circumstances had ceased to exist and no live controversy remained. The court found no interests of justice warranting the exercise of discretion to hear a moot appeal. Judicial resources...

Court Disposition

Appeal struck from the roll with costs due to procedural lapsing and mootness.

Orders

  • The appellant's appeal is struck from the roll with costs.