Greater Giyani Local Municipality and Another v Maluleke and Others (1640/2024) [2025] ZALMPTHC 7 (3 April 2025)

Greater Giyani Local Municipality and Another v Maluleke and Others (1640/2024) [2025] ZALMPTHC 7 (3 April 2025)

The court found that Church Football Club had qualified to participate in the tournament but was unjustly excluded by the respondents, who replaced it with a club that had not met the qualifying criteria. The exclusion was not justified and caused irreparable harm to Church Football Club, as there was no alternative tournament that year. The respondents failed to act responsibly and did not address the dispute, necessitating judicial intervention. The rule nisi was confirmed, and costs were awarded against the respondents to promote fairness and accountability.

Citation
[2025] ZALMPTHC 7
Parties
Applicant: Greater Giyani Local Municipality; Applicant: Mayor of Greater Giyani Municipality Cllr. Zitha Thandi; Respondent: Hasani John Maluleke; Respondent: Church Football Club
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
3 April 2025
Case Number
1640/2024
Procedural Posture
Urgent Application / Return Date for Confirmation of Rule Nisi
Outcome
Rule nisi confirmed. Costs awarded against respondents.
Judges
TE Matumba
Legal Topics
Unjust Exclusion From Competition, Interdict, Costs Award, Fair Administrative Action
Administrative Law Civil Procedure Unjust Exclusion From Competition Interdict Costs Award Fair Administrative Action

Case Brief

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Parties

Greater Giyani Local Municipality

Applicant

Mayor of Greater Giyani Municipality Cllr. Zitha Thandi

Applicant

Hasani John Maluleke

Respondent

Church Football Club

Respondent

Procedural Posture

Urgent Application / Return Date for Confirmation of Rule Nisi

Legal Issues

  1. 1 Whether the exclusion of Church Football Club from the Greater Giyani Mayor's Cup 2024 was unjust and unlawful.
  2. 2 Whether the rule nisi suspending the tournament should be confirmed.
  3. 3 Whether costs should be awarded against the respondents.

Ratio Decidendi

The court found that Church Football Club had qualified to participate in the tournament but was unjustly excluded by the respondents, who replaced it with a club that had not met the qualifying criteria. The exclusion was not justified and caused irreparable harm to Church Football Club, as there was no alternative tournament that year. The respondents failed to act responsibly and did not address the dispute, necessitating judicial intervention. The rule nisi was confirmed, and costs were awarded against the respondents to promote fairness and accountability.

Court Disposition

Rule nisi confirmed. Costs awarded against respondents.

Orders

  • The rule nisi granted on 27 July 2024 is confirmed.
  • The respondents are ordered jointly and severally, the one paying the other to be absolved, to pay the applicants' costs on a party and party High Court scale B, including costs of counsel.