Coetzer and Others v Office of the Chief Justice (043089/2023) [2025] ZAGPPHC 507 (13 May 2025)

Coetzer and Others v Office of the Chief Justice (043089/2023) [2025] ZAGPPHC 507 (13 May 2025)

The applicants failed to establish a direct and substantial interest in the outcome of the self-review proceedings, as they do not oppose the review or the setting aside of the tender and have no ongoing legal interest in the order sought. Their apprehension regarding possible adverse findings or reasoning by the court does not justify intervention, as established in National Director of Public Prosecutions v Zuma. The right to dignity is not implicated, as the review court will determine the relevance and veracity of any adverse statements based on the record. Furthermore, the applicants' founding affidavit contained scandalous and vexatious allegations against the Secretary General of...

Citation
[2025] ZAGPPHC 507
Parties
Applicant: Coetzer, Casper Nicolaas; Applicant: Mncube, Vickqus Nkosikhona; Applicant: Van Niekerk, Yvonne; Applicant: ZA Square Consulting (Pty) Ltd; Respondent: Office of the Chief Justice
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 May 2025
Case Number
043089/2023
Procedural Posture
Intervention Application / Application for Leave to Intervene in Pending Self Review Proceedings
Outcome
Application for intervention dismissed; scandalous and vexatious paragraphs struck out; punitive costs order granted against applicants.
Judges
Millar
Legal Topics
Intervention as Party, Self Review of Tender, Direct and Substantial Interest, Scandalous and Vexatious Pleadings, Punitive Costs
Civil Procedure Intervention as Party Self Review of Tender Direct and Substantial Interest Scandalous and Vexatious Pleadings Punitive Costs

Case Brief

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Parties

Coetzer, Casper Nicolaas

Applicant

Mncube, Vickqus Nkosikhona

Applicant

Van Niekerk, Yvonne

Applicant

ZA Square Consulting (Pty) Ltd

Applicant

Office of the Chief Justice

Respondent

Procedural Posture

Intervention Application / Application for Leave to Intervene in Pending Self Review Proceedings

Legal Issues

  1. 1 Whether the applicants have a direct and substantial interest in the outcome of the self-review proceedings to justify intervention.
  2. 2 Whether the allegations made against the applicants in the founding affidavit warrant intervention to protect their rights to dignity and to be heard.
  3. 3 Whether the paragraphs in the founding affidavit containing allegations against the Secretary General of the OCJ are scandalous and vexatious and should be struck out.

Ratio Decidendi

The applicants failed to establish a direct and substantial interest in the outcome of the self-review proceedings, as they do not oppose the review or the setting aside of the tender and have no ongoing legal interest in the order sought. Their apprehension regarding possible adverse findings or reasoning by the court does not justify intervention, as established in National Director of Public Prosecutions v Zuma. The right to dignity is not implicated, as the review court will determine the relevance and veracity of any adverse statements based on the record. Furthermore, the applicants' founding affidavit contained scandalous and vexatious allegations against the Secretary General of...

Court Disposition

Application for intervention dismissed; scandalous and vexatious paragraphs struck out; punitive costs order granted against applicants.

Orders

  • The application for intervention is dismissed.
  • Paragraphs 35 to 39, 41 to 50, 53 and 62 to 65 of the first applicant’s founding affidavit are struck out.