Elects Apostolic Church NPS v Mohammad and Another (47085/2021) [2025] ZAGPPHC 86 (31 January 2025)

Elects Apostolic Church NPS v Mohammad and Another (47085/2021) [2025] ZAGPPHC 86 (31 January 2025)

The court found that the matter could not be resolved on affidavit due to material disputes of fact regarding the church's leadership, ownership of funds, and entitlement to property income. Both parties agreed to referral for oral evidence and the extension of the rule nisi. The court ordered that oral evidence be heard on the specified disputes, limited the witnesses to those named, and directed the parties to apply for judicial case management. The wasted costs of the enrolment were made costs in the cause, as both parties contributed to the matter being set down without resolution of the preliminary issues.

Citation
[2025] ZAGPPHC 86
Parties
Applicant: Elects Apostolic Church NPS; Respondent: Zweli Dumile Blackfesi Mohammad; Respondent: The Standard Bank of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 January 2025
Case Number
47085/2021
Procedural Posture
Urgent Application / Referral to Oral Evidence Under Rule 6(5)(g); Extension of Rule Nisi
Outcome
The rule nisi is extended; the matter is referred for oral evidence on specified disputes; costs of the enrolment are costs in the cause.
Judges
HF Jacobs
Legal Topics
Rule 6 5 G Referral, Ownership of Church Assets, Leadership Dispute, Bank Account Entitlement, Property Income Rights
Civil Procedure Commercial and Corporate Rule 6 5 G Referral Ownership of Church Assets Leadership Dispute Bank Account Entitlement Property Income Rights

Case Brief

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Parties

Elects Apostolic Church NPS

Applicant

Zweli Dumile Blackfesi Mohammad

Respondent

The Standard Bank of South Africa

Respondent

Procedural Posture

Urgent Application / Referral to Oral Evidence Under Rule 6(5)(g); Extension of Rule Nisi

Legal Issues

  1. 1 Whether the leadership of the Elects Apostolic Church is lawfully constituted.
  2. 2 Who owns the monies held in the Standard Bank account in dispute.
  3. 3 Who holds the right, title, and interest in the property known as 18882 Mamelodi Township and its income.

Ratio Decidendi

The court found that the matter could not be resolved on affidavit due to material disputes of fact regarding the church's leadership, ownership of funds, and entitlement to property income. Both parties agreed to referral for oral evidence and the extension of the rule nisi. The court ordered that oral evidence be heard on the specified disputes, limited the witnesses to those named, and directed the parties to apply for judicial case management. The wasted costs of the enrolment were made costs in the cause, as both parties contributed to the matter being set down without resolution of the preliminary issues.

Court Disposition

The rule nisi is extended; the matter is referred for oral evidence on specified disputes; costs of the enrolment are costs in the cause.

Orders

  • The rule nisi is extended to 2 June 2025.
  • The matter is referred for oral evidence in terms of Rule 6(5)(g) on the disputes regarding church leadership, ownership of the Standard Bank account, and rights to the property and its income.