Commtech Comprehensive School and School Governing Body and Another v MUCPP Community Working Group of Mangaung Township (A71/2020) [2020] ZAFSHC 177 (5 November 2020)

Commtech Comprehensive School and School Governing Body and Another v MUCPP Community Working Group of Mangaung Township (A71/2020) [2020] ZAFSHC 177 (5 November 2020)

The court held that the respondent, as a group or entity, did not have locus standi to institute proceedings for relief based on the mandament van spolie. The respondent was not a juristic person, nor was it authorised by the MUCPP Trust to act on its behalf. Section 38 of the Constitution, while broadening standing, requires certification for class or group actions, which was not obtained. The individuals allegedly dispossessed were not cited or identified, and only those directly affected could bring the application. The court found that the respondent failed to establish a direct and substantial interest or legal lineage to the rights in question. The previous judgment of the court a...

Citation
[2020] ZAFSHC 177
Parties
Appellant: Commtech Comprehensive School and School Governing Body; Appellant: Member of Executive Council for the Department of Education, Free State Province; Respondent: MUCPP Community Working Group of Mangaung Township
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 November 2020
Case Number
A71/2020
Procedural Posture
Civil Appeal / Appeal From Order on Locus Standi in Application Proceedings
Outcome
Appeal upheld; respondent found to lack locus standi; order of court a quo set aside.
Judges
JP Daffue, CJ Musi, S Chesiwe
Legal Topics
Locus Standi, Mandament Van Spolie, Group or Class Action, Bill of Rights Access to Court
Civil Procedure Constitutional Law Locus Standi Mandament Van Spolie Group or Class Action Bill of Rights Access to Court

Case Brief

Summary, issues, holding and outcome

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Parties

Commtech Comprehensive School and School Governing Body

Appellant

Member of Executive Council for the Department of Education, Free State Province

Appellant

MUCPP Community Working Group of Mangaung Township

Respondent

Procedural Posture

Civil Appeal / Appeal From Order on Locus Standi in Application Proceedings

Legal Issues

  1. 1 Whether the respondent had locus standi to institute proceedings for relief based on the mandament van spolie.
  2. 2 Whether a group of community members, not cited individually, can obtain relief for alleged dispossession.
  3. 3 Whether the court a quo erred in its interpretation of section 38 of the Constitution regarding standing.

Ratio Decidendi

The court held that the respondent, as a group or entity, did not have locus standi to institute proceedings for relief based on the mandament van spolie. The respondent was not a juristic person, nor was it authorised by the MUCPP Trust to act on its behalf. Section 38 of the Constitution, while broadening standing, requires certification for class or group actions, which was not obtained. The individuals allegedly dispossessed were not cited or identified, and only those directly affected could bring the application. The court found that the respondent failed to establish a direct and substantial interest or legal lineage to the rights in question. The previous judgment of the court a...

Court Disposition

Appeal upheld; respondent found to lack locus standi; order of court a quo set aside.

Orders

  • The appeal is upheld, with no order as to costs.
  • The order of the court a quo is set aside and substituted with: 'The applicant does not have locus standi in the proceedings.'