Ditsobotla Local Municipality and Another v Elegant Line Trading CC t/a Oryx Wildlife and Game Farming Elegant Line Trading CC and Others (M146/2019) [2020] ZANWHC 38 (28 August 2020)

Ditsobotla Local Municipality and Another v Elegant Line Trading CC t/a Oryx Wildlife and Game Farming Elegant Line Trading CC and Others (M146/2019) [2020] ZANWHC 38 (28 August 2020)

The Court held that the main review application could only proceed after the amendment to the notice of motion was finally adjudicated. It was procedurally improper to set down both the amendment and the main application simultaneously. Although the first respondent's application for postponement was not made timeously, fundamental fairness and justice required that the amendment issue be resolved first. The Court granted the postponement to allow the parties to address the amended relief, but deprived the first respondent of a costs order due to its unexplained delay in launching the postponement application.

Citation
[2020] ZANWHC 38
Parties
Applicant: Ditsobotla Local Municipality; Applicant: Mothusiemang Eric Matlawe N.O; Respondent: Elegant Line Trading CC t/a Oryx Wildlife and Game Farming; Respondent: Elegant Line Trading CC; Respondent: Mr Attie A. van Heerden; Respondent: Serame Solomon Nnete
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
28 August 2020
Case Number
M146/2019
Procedural Posture
Review Application / Interlocutory Application for Postponement Pending Amendment of Notice of Motion
Outcome
Application for postponement granted. Amendment to notice of motion granted. Each party to pay its own costs.
Judges
Gura
Legal Topics
Amendment of Notice of Motion, Postponement, Review of Administrative Action, Municipal Procurement, Rule 28 Application
Civil Procedure Administrative Law Amendment of Notice of Motion Postponement Review of Administrative Action Municipal Procurement Rule 28 Application

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Parties

Ditsobotla Local Municipality

Applicant

Mothusiemang Eric Matlawe N.O

Applicant

Elegant Line Trading CC t/a Oryx Wildlife and Game Farming

Respondent

Elegant Line Trading CC

Respondent

Mr Attie A. van Heerden

Respondent

Serame Solomon Nnete

Respondent

Procedural Posture

Review Application / Interlocutory Application for Postponement Pending Amendment of Notice of Motion

Legal Issues

  1. 1 Whether the main review application should be postponed pending adjudication of the amendment to the notice of motion.
  2. 2 Whether the first respondent is entitled to file a supplementary affidavit if the amendment is granted.
  3. 3 Whether the late application for postponement should be granted despite procedural delay.

Ratio Decidendi

The Court held that the main review application could only proceed after the amendment to the notice of motion was finally adjudicated. It was procedurally improper to set down both the amendment and the main application simultaneously. Although the first respondent's application for postponement was not made timeously, fundamental fairness and justice required that the amendment issue be resolved first. The Court granted the postponement to allow the parties to address the amended relief, but deprived the first respondent of a costs order due to its unexplained delay in launching the postponement application.

Court Disposition

Application for postponement granted. Amendment to notice of motion granted. Each party to pay its own costs.

Orders

  • The application for amendment by the Applicant is granted.
  • The Notice of Motion is deemed to be amended and there is no need to file an amended Notice of Motion by the Applicant.