Hermanus and Others v Liebenberg (081333/2023) [2023] ZAGPPHC 1788 (4 October 2023)

Hermanus and Others v Liebenberg (081333/2023) [2023] ZAGPPHC 1788 (4 October 2023)

The court found that while the applicants proved the existence of the court order, they failed to establish that the respondent had notice of the order's terms. The respondent's attorney was present when the order was granted, but there was no evidence that the attorney explained the order's terms to the respondent or that the respondent was served with the order. In the absence of notice, the requirements for contempt were not met, as the respondent could not be said to have deliberately or mala fide failed to comply with the order. The application for contempt was therefore dismissed. The court also condoned the applicants' non-compliance with the Rules of Court regarding urgency and...

Citation
[2023] ZAGPPHC 1788
Parties
Applicant: Hermanus Johannes Vaughn Victor; Applicant: Hermanus Johannes Vaughn Victor N.O.; Applicant: Johanna Nini Mahanyele N.O.; Applicant: Caroline Mmakgokolo Ledwaba N.O.; Respondent: Louis Petrus Liebenberg
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 October 2023
Case Number
081333/2023
Procedural Posture
Urgent Application / Judgment on Urgent Contempt Application
Outcome
Application for contempt dismissed with costs.
Judges
Collis
Legal Topics
Civil Contempt of Court, Urgent Application, Notice of Court Order, Burden of Proof, Costs Award
Civil Procedure Civil Contempt of Court Urgent Application Notice of Court Order Burden of Proof Costs Award

Case Brief

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Parties

Hermanus Johannes Vaughn Victor

Applicant

Hermanus Johannes Vaughn Victor N.O.

Applicant

Johanna Nini Mahanyele N.O.

Applicant

Caroline Mmakgokolo Ledwaba N.O.

Applicant

Louis Petrus Liebenberg

Respondent

Procedural Posture

Urgent Application / Judgment on Urgent Contempt Application

Legal Issues

  1. 1 Whether the respondent was in contempt of the court order granted on 9 May 2023.
  2. 2 Whether the respondent had notice of the court order and failed to comply with its terms.
  3. 3 Whether the requirements for civil contempt, including wilfulness and mala fides, were established.

Ratio Decidendi

The court found that while the applicants proved the existence of the court order, they failed to establish that the respondent had notice of the order's terms. The respondent's attorney was present when the order was granted, but there was no evidence that the attorney explained the order's terms to the respondent or that the respondent was served with the order. In the absence of notice, the requirements for contempt were not met, as the respondent could not be said to have deliberately or mala fide failed to comply with the order. The application for contempt was therefore dismissed. The court also condoned the applicants' non-compliance with the Rules of Court regarding urgency and...

Court Disposition

Application for contempt dismissed with costs.

Orders

  • The applicants’ non-compliance with the Rules of Court concerning forms, service, and time periods is condoned and the application is heard as urgent.
  • The respondent is awarded costs for the application to strike out, including costs of two counsel where so employed.