Dlamini and Others v Tim Du Toit Attorneys and Others (24593/11,18836/98,18225/98) [2012] ZAGPPHC 212 (21 September 2012)

Dlamini and Others v Tim Du Toit Attorneys and Others (24593/11,18836/98,18225/98) [2012] ZAGPPHC 212 (21 September 2012)

The court found that Dlamini, as an unrehabilitated insolvent, lacked locus standi to bring any of the applications, and the entities he purported to represent were either deregistered or liquidated, rendering them incapable of being represented by him. The applications suffered from fatal non-joinder of trustees and liquidators. The writs of execution sought to be enforced were previously declared invalid and set aside by court order, and no valid judgment existed to support their issuance. Dlamini's conduct constituted repeated contempt of multiple court orders restraining vexatious litigation, and Tiveni was found to have assisted in breaching these orders. The counter-application by...

Citation
[2012] ZAGPPHC 212
Parties
Applicant: Dumisa M Dlamini; Applicant: Geelspruit Boere (Pty) Ltd; Applicant: Richtershoek Boerdery (Pty) Ltd; Applicant: Kleindoornkop Boerdery CC 1987/080/27/23; Respondent: Tim Du Toit Attorneys; Respondent: Riaan Du Randt; Respondent: P J Botha; Respondent: Absa Bank Ltd; Respondent: Barry Johan Vos Recovery Manager Absa Bank; Respondent: Sheriff Pretoria Central Thaka Seboka; Respondent: Deputy Sheriff Pretoria Central Christo Julyan; Respondent: Maria Ramos CEO Absa Bank; Respondent: Marthinus van Rensburg Legal Division; Respondent: Louis Von Zeuier Chief Financial Officer; Respondent: Minister of Correctional Services; Respondent: Minister of Safety & Security; Respondent: Minister of Justice & Constitutional Development; Respondent: Minister of Home Affairs; Respondent: Tiveninkosi Dlamini
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 September 2012
Case Number
24593/11,18836/98,18225/98
Procedural Posture
Civil Application / Judgment After Consolidated Hearing of Main and Interlocutory Applications, and Counter Application
Outcome
All applications by Dlamini and the entities were dismissed; the counter-application by Absa was granted with committal, interdictory, and joinder orders.
Judges
Prinsloo
Legal Topics
Locus Standi, Contempt of Court, Company Liquidation, Abuse of Process, Joinder of Parties, Costs De Bonis Propriis
Civil Procedure Commercial and Corporate Locus Standi Contempt of Court Company Liquidation Abuse of Process Joinder of Parties Costs De Bonis Propriis

Case Brief

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Parties

Dumisa M Dlamini

Applicant

Geelspruit Boere (Pty) Ltd

Applicant

Richtershoek Boerdery (Pty) Ltd

Applicant

Kleindoornkop Boerdery CC 1987/080/27/23

Applicant

Tim Du Toit Attorneys

Respondent

Riaan Du Randt

Respondent

P J Botha

Respondent

Absa Bank Ltd

Respondent

Barry Johan Vos Recovery Manager Absa Bank

Respondent

Sheriff Pretoria Central Thaka Seboka

Respondent

Deputy Sheriff Pretoria Central Christo Julyan

Respondent

Maria Ramos CEO Absa Bank

Respondent

Marthinus van Rensburg Legal Division

Respondent

Louis Von Zeuier Chief Financial Officer

Respondent

Minister of Correctional Services

Respondent

Minister of Safety & Security

Respondent

Minister of Justice & Constitutional Development

Respondent

Minister of Home Affairs

Respondent

Tiveninkosi Dlamini

Respondent

Procedural Posture

Civil Application / Judgment After Consolidated Hearing of Main and Interlocutory Applications, and Counter Application

Legal Issues

  1. 1 Whether Dlamini and the entities he purports to represent have locus standi to bring the applications.
  2. 2 Whether the applications and writs issued by Dlamini are valid and enforceable.
  3. 3 Whether Dlamini and Tiveni are in contempt of previous court orders restraining litigation.

Ratio Decidendi

The court found that Dlamini, as an unrehabilitated insolvent, lacked locus standi to bring any of the applications, and the entities he purported to represent were either deregistered or liquidated, rendering them incapable of being represented by him. The applications suffered from fatal non-joinder of trustees and liquidators. The writs of execution sought to be enforced were previously declared invalid and set aside by court order, and no valid judgment existed to support their issuance. Dlamini's conduct constituted repeated contempt of multiple court orders restraining vexatious litigation, and Tiveni was found to have assisted in breaching these orders. The counter-application by...

Court Disposition

All applications by Dlamini and the entities were dismissed; the counter-application by Absa was granted with committal, interdictory, and joinder orders.

Orders

  • In case no 24593/2011, the application is dismissed and Dlamini is ordered to pay costs de bonis propriis on an attorney and client scale.
  • In case no 18836/1998, both interlocutory applications are dismissed and Dlamini is ordered to pay costs de bonis propriis on an attorney and client scale.