Cradock Business Forum and Others v Inxuba Yethemba Local Municipality and Others (2794/2020) [2021] ZAECGHC 41 (20 April 2021)

Cradock Business Forum and Others v Inxuba Yethemba Local Municipality and Others (2794/2020) [2021] ZAECGHC 41 (20 April 2021)

The court found that, although interlocutory applications are generally not appealable, the interests of justice and the potential final effect of the order justified granting leave to appeal. The court considered that striking out the impugned paragraphs would substantially affect the conduct of the matter and limit the applicants' arguments. The judge concluded that there is a reasonable prospect that another court might find that the reply introduced new material and that such material should be struck out, notwithstanding the court's discretion to admit new matter. The oversight regarding paragraphs 8.12 to 8.15 was noted but not deemed decisive, as it could be addressed by the appeal...

Citation
[2021] ZAECGHC 41
Parties
Applicant: Cradock Business Forum; Applicant: Middelburg Ratepayers; Applicant: Cradock Ratepayers Association; Respondent: Inxuba Yethemba Local Municipality; Respondent: Executive Mayor of the Inxuba Yethemba Local Municipality; Respondent: Municipality Manager of the Inxuba Yethemba Local Municipality; Respondent: Eskom Holdings SOC Limited
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
20 April 2021
Case Number
2794/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Striking Out Application
Outcome
Leave to appeal granted against the whole judgment and order.
Judges
M.J. Lowe
Legal Topics
Leave to Appeal, Striking Out Application, Interlocutory Orders, Structural Interdict, Contempt of Court
Civil Procedure Leave to Appeal Striking Out Application Interlocutory Orders Structural Interdict Contempt of Court

Case Brief

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Parties

Cradock Business Forum

Applicant

Middelburg Ratepayers

Applicant

Cradock Ratepayers Association

Applicant

Inxuba Yethemba Local Municipality

Respondent

Executive Mayor of the Inxuba Yethemba Local Municipality

Respondent

Municipality Manager of the Inxuba Yethemba Local Municipality

Respondent

Eskom Holdings SOC Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Striking Out Application

Legal Issues

  1. 1 Whether the order dismissing the striking out application is appealable as an interlocutory order.
  2. 2 Whether there is a reasonable prospect that another court would reach a different conclusion regarding the admission of new material in reply.
  3. 3 Whether the omission of reference to certain paragraphs in the order constitutes an oversight susceptible to correction.

Ratio Decidendi

The court found that, although interlocutory applications are generally not appealable, the interests of justice and the potential final effect of the order justified granting leave to appeal. The court considered that striking out the impugned paragraphs would substantially affect the conduct of the matter and limit the applicants' arguments. The judge concluded that there is a reasonable prospect that another court might find that the reply introduced new material and that such material should be struck out, notwithstanding the court's discretion to admit new matter. The oversight regarding paragraphs 8.12 to 8.15 was noted but not deemed decisive, as it could be addressed by the appeal...

Court Disposition

Leave to appeal granted against the whole judgment and order.

Orders

  • Leave to appeal is granted against the whole of the judgment and order.
  • The appeal is to the Full Bench of the High Court, Eastern Cape Division.