Gcora and Others v Nelson Mandela Bay Municipality and Another (1414/2016; 992/2016) [2023] ZAECQBHC 29 (16 May 2023)

Gcora and Others v Nelson Mandela Bay Municipality and Another (1414/2016; 992/2016) [2023] ZAECQBHC 29 (16 May 2023)

The court found that the applicants had persistently instituted at least 17 unsuccessful applications against the Metro, all aimed at enforcing remedial action from the Public Protector's Report that had been set aside. The litigation was held to lack reasonable grounds, as the applicants continued to pursue claims despite the absence of a contractual nexus and the exhaustion of all appeal processes. The court determined that the applicants' conduct amounted to an abuse of process, both in effect and intent, causing unnecessary expense and harassment to the Metro, which is funded by public money. The Metro was entitled to protection from further unmeritorious litigation. The court granted...

Citation
[2023] ZAECQBHC 29
Parties
Applicant: Sipho Gcora; Applicant: Khuselwa Gobo-Gcora; Applicant: Gobo Gcora Construction and Project Management CC; Respondent: Nelson Mandela Bay Municipality; Respondent: Public Protector of South Africa
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
16 May 2023
Case Number
1414/2016; 992/2016
Procedural Posture
Vexatious Application / Final Judgment
Outcome
The applicants are declared vexatious litigants under section 2(1)(b) of the Vexatious Proceedings Act 3 of 1956. The Metro's interlocutory application is granted. The applicants' Rule 30/30A application is dismissed with costs.
Judges
Potgieter
Legal Topics
Vexatious Litigation, Abuse of Process, Public Protector Remedial Action, Joinder, Costs Orders
Civil Procedure Administrative Law Vexatious Litigation Abuse of Process Public Protector Remedial Action Joinder Costs Orders

Case Brief

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Parties

Sipho Gcora

Applicant

Khuselwa Gobo-Gcora

Applicant

Gobo Gcora Construction and Project Management CC

Applicant

Nelson Mandela Bay Municipality

Respondent

Public Protector of South Africa

Respondent

Procedural Posture

Vexatious Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants have persistently instituted legal proceedings without reasonable grounds against the Nelson Mandela Bay Municipality.
  2. 2 Whether the applicants should be declared vexatious litigants under section 2(1)(b) of the Vexatious Proceedings Act 3 of 1956.
  3. 3 Whether the Metro's interlocutory application to file a supplementary affidavit should be granted.

Ratio Decidendi

The court found that the applicants had persistently instituted at least 17 unsuccessful applications against the Metro, all aimed at enforcing remedial action from the Public Protector's Report that had been set aside. The litigation was held to lack reasonable grounds, as the applicants continued to pursue claims despite the absence of a contractual nexus and the exhaustion of all appeal processes. The court determined that the applicants' conduct amounted to an abuse of process, both in effect and intent, causing unnecessary expense and harassment to the Metro, which is funded by public money. The Metro was entitled to protection from further unmeritorious litigation. The court granted...

Court Disposition

The applicants are declared vexatious litigants under section 2(1)(b) of the Vexatious Proceedings Act 3 of 1956. The Metro's interlocutory application is granted. The applicants' Rule 30/30A application is dismissed with costs.

Orders

  • The applicants’ Rule 30 applications are dismissed with costs, including the costs of two counsel.
  • The first respondent is granted leave to file the supplementary affidavit of Monde Ganyaza in the vexatious proceedings application under case number 1414/2016 and its non-compliance with the Rules is condoned.