Dikoko v Tswelopele Municipality and Others (3675/2023) [2024] ZAFSHC 223 (19 July 2024)

Dikoko v Tswelopele Municipality and Others (3675/2023) [2024] ZAFSHC 223 (19 July 2024)

The court found that the applicant's grounds of appeal were primarily directed at the condonation application and procedural matters, rather than establishing reasonable prospects of success regarding the substantive relief sought, namely the setting aside of the third respondent's appointment. The applicant failed to provide sufficient factual basis in the founding affidavit to justify the relief. The court had already addressed the reasons for granting condonation and admitting the supplementary affidavit in its previous judgment. The applicant did not discharge the onus to show a sound rational basis for success on appeal. Accordingly, the application for leave to appeal was dismissed...

Citation
[2024] ZAFSHC 223
Parties
Applicant: Boitshoko Percival Dikoko; Respondent: Tswelopele Municipality; Respondent: The Acting Municipal Manager; Respondent: Lebohang Shadrack Malokase
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 July 2024
Case Number
3675/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application and Grant of Condonation to Respondents.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mhlambi
Legal Topics
Leave to Appeal, Condonation, Appointment of Municipal Official, Reasonable Prospects of Success
Civil Procedure Administrative Law Leave to Appeal Condonation Appointment of Municipal Official Reasonable Prospects of Success

Case Brief

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Parties

Boitshoko Percival Dikoko

Applicant

Tswelopele Municipality

Respondent

The Acting Municipal Manager

Respondent

Lebohang Shadrack Malokase

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application and Grant of Condonation to Respondents.

Legal Issues

  1. 1 Whether the applicant has shown reasonable prospects of success for leave to appeal.
  2. 2 Whether the condonation application was properly granted.
  3. 3 Whether the appointment of the third respondent as technical service director should be set aside.

Ratio Decidendi

The court found that the applicant's grounds of appeal were primarily directed at the condonation application and procedural matters, rather than establishing reasonable prospects of success regarding the substantive relief sought, namely the setting aside of the third respondent's appointment. The applicant failed to provide sufficient factual basis in the founding affidavit to justify the relief. The court had already addressed the reasons for granting condonation and admitting the supplementary affidavit in its previous judgment. The applicant did not discharge the onus to show a sound rational basis for success on appeal. Accordingly, the application for leave to appeal was dismissed...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.