Haasfontein Beleggings (Pty) Ltd and Another v Springbokdraai Boedery (Pty) Ltd and Others (A240/2018) [2020] ZAGPPHC 378 (20 July 2020)

Haasfontein Beleggings (Pty) Ltd and Another v Springbokdraai Boedery (Pty) Ltd and Others (A240/2018) [2020] ZAGPPHC 378 (20 July 2020)

The appeal succeeded because the court below granted an order against the appellants that was neither sought nor canvassed in the respondents' papers. The order was made mero motu without affording the parties an opportunity to address the court on the relief granted, thereby violating the audi alteram partem rule. Furthermore, the requirements for a final interdict were not established, and the respondents failed to make out a case for such relief. The court below erred in granting the order, and the application should have been dismissed with costs.

Citation
[2020] ZAGPPHC 378
Parties
Appellant: Haasfontein Beleggings (Pty) Ltd; Appellant: Quantum Leap Beleggings 639 (Pty) Ltd; Respondent: Springbokdraai Boerdery (Pty) Ltd; Respondent: Mattheus Hendrikus de la Ray N.O.; Respondent: Jacomina Christiana de la Rey; Respondent: Minister of Water and Sanitation; Respondent: Nondumiso Mabe N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 July 2020
Case Number
A240/2018
Procedural Posture
Civil Appeal / Appeal From Order of the High Court (mpumalanga Circuit Court, Middelburg)
Outcome
Appeal upheld; order of the court below set aside and replaced with dismissal of the application with costs.
Judges
Kubushi, Tolmay, Baqwa
Legal Topics
National Water Act, Interdictory Relief, Audi Alteram Partem, Judicial Discretion
Administrative Law Land and Property National Water Act Interdictory Relief Audi Alteram Partem Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Haasfontein Beleggings (Pty) Ltd

Appellant

Quantum Leap Beleggings 639 (Pty) Ltd

Appellant

Springbokdraai Boerdery (Pty) Ltd

Respondent

Mattheus Hendrikus de la Ray N.O.

Respondent

Jacomina Christiana de la Rey

Respondent

Minister of Water and Sanitation

Respondent

Nondumiso Mabe N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of the High Court (mpumalanga Circuit Court, Middelburg)

Legal Issues

  1. 1 Whether the court below erred in granting an order not sought or canvassed by the respondents.
  2. 2 Whether the requirements for a final interdict were established.
  3. 3 Whether the audi alteram partem rule was violated by the court below.

Ratio Decidendi

The appeal succeeded because the court below granted an order against the appellants that was neither sought nor canvassed in the respondents' papers. The order was made mero motu without affording the parties an opportunity to address the court on the relief granted, thereby violating the audi alteram partem rule. Furthermore, the requirements for a final interdict were not established, and the respondents failed to make out a case for such relief. The court below erred in granting the order, and the application should have been dismissed with costs.

Court Disposition

Appeal upheld; order of the court below set aside and replaced with dismissal of the application with costs.

Orders

  • The appeal is upheld with costs.
  • The order of the court below is set aside and replaced with: 'The application is dismissed with costs.'