Conjwa and Others v United Methodist Church of Southern Africa (1263/2014) [2018] ZAECGHC 112 (6 November 2018)

Conjwa and Others v United Methodist Church of Southern Africa (1263/2014) [2018] ZAECGHC 112 (6 November 2018)

The court found that, although the explanations for the delays were not particularly strong, the challenge to the respondent's locus standi was fundamentally important and had some prospect of success. The authenticity of the enabling legislation relied upon by the respondent was questionable, as the purported United Methodist Church of Southern Africa (Private) Act, 1978 lacked a number and appeared to be a modified version of Act 41 of 1978. The existence of two constitutions and two enabling acts for the same church was implausible, and Act 10 of 1979 specifically referred to Act 41 of 1978. Given the centrality of the locus standi issue to the dispute and the potential impact on the...

Citation
[2018] ZAECGHC 112
Parties
Applicant: S. P. Conjwa; Applicant: S. Colani; Applicant: Z.A. Tafeni; Applicant: M.L Conjwa; Respondent: United Methodist Church of Southern Africa
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
6 November 2018
Case Number
1263/2014
Procedural Posture
Condonation Application / Application for Condonation and Rescission of Judgment
Outcome
Application for condonation and rescission granted; default judgment rescinded; costs reserved for the trial court.
Judges
M Roberson
Legal Topics
Rescission of Judgment, Condonation of Delay, Locus Standi, Church Property Dispute
Civil Procedure Land and Property Rescission of Judgment Condonation of Delay Locus Standi Church Property Dispute

Case Brief

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Parties

S. P. Conjwa

Applicant

S. Colani

Applicant

Z.A. Tafeni

Applicant

M.L Conjwa

Applicant

United Methodist Church of Southern Africa

Respondent

Procedural Posture

Condonation Application / Application for Condonation and Rescission of Judgment

Legal Issues

  1. 1 Whether the delay in bringing the rescission application and the late filing of the replying affidavit should be condoned.
  2. 2 Whether the applicants have shown good cause for rescission of the default judgment.
  3. 3 Whether the respondent has locus standi to litigate in the name of UMCOSA.

Ratio Decidendi

The court found that, although the explanations for the delays were not particularly strong, the challenge to the respondent's locus standi was fundamentally important and had some prospect of success. The authenticity of the enabling legislation relied upon by the respondent was questionable, as the purported United Methodist Church of Southern Africa (Private) Act, 1978 lacked a number and appeared to be a modified version of Act 41 of 1978. The existence of two constitutions and two enabling acts for the same church was implausible, and Act 10 of 1979 specifically referred to Act 41 of 1978. Given the centrality of the locus standi issue to the dispute and the potential impact on the...

Court Disposition

Application for condonation and rescission granted; default judgment rescinded; costs reserved for the trial court.

Orders

  • The delay in bringing the application for rescission of judgment is condoned.
  • The late filing of the replying affidavit is condoned.