Hlela and Others v Sithole and Others (2019/38225) [2021] ZAGPJHC 356 (28 May 2021)

Hlela and Others v Sithole and Others (2019/38225) [2021] ZAGPJHC 356 (28 May 2021)

The Court held that the Applicants' locus standi to institute proceedings against the Defendants depends on proof of their membership in the Independent Presbyterian Church. The Respondents' denial of the Applicants' membership constitutes a triable issue that must be resolved at trial. The requirement for Synod authorisation does not apply to actions based on wrongful acts committed against the Church, and the arbitration clause is irrelevant to such proceedings. Accordingly, the exception to the special pleas is upheld and those pleas are struck out, but the exception to the plea over is dismissed as it raises a triable defence.

Citation
[2021] ZAGPJHC 356
Parties
Applicant: Dumisani Jeffery Hlela; Applicant: Godfry Vusumuzi Mdlalose; Applicant: Mdubane Robert Zikakalala; Applicant: Siphiwe Gabriel Maphumulo; Respondent: Mandlakhe Sitwell Sithole; Respondent: Madikanakie Leah Sithole; Respondent: The Moderator: Independent Presbyterian Church; Respondent: The Registrar of Deeds: Johannesburg; Respondent: The Director-General: Gauteng
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 May 2021
Case Number
2019/38225
Procedural Posture
Civil Application / Exception to Special Plea and Plea Over
Outcome
Exception to special pleas upheld and those pleas struck out; exception to plea over dismissed; each party to pay their own costs.
Judges
G Ally
Legal Topics
Locus Standi, Internal Dispute Resolution, Exception Procedure, Church Membership, Pleading Requirements
Civil Procedure Family and Children Locus Standi Internal Dispute Resolution Exception Procedure Church Membership Pleading Requirements

Case Brief

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Parties

Dumisani Jeffery Hlela

Applicant

Godfry Vusumuzi Mdlalose

Applicant

Mdubane Robert Zikakalala

Applicant

Siphiwe Gabriel Maphumulo

Applicant

Mandlakhe Sitwell Sithole

Respondent

Madikanakie Leah Sithole

Respondent

The Moderator: Independent Presbyterian Church

Respondent

The Registrar of Deeds: Johannesburg

Respondent

The Director-General: Gauteng

Respondent

Procedural Posture

Civil Application / Exception to Special Plea and Plea Over

Legal Issues

  1. 1 Whether the Plaintiffs have locus standi to bring the action against the Defendants.
  2. 2 Whether the Plaintiffs complied with the internal dispute resolution mechanism before launching proceedings.
  3. 3 Whether the special pleas and plea over disclose a valid defence.

Ratio Decidendi

The Court held that the Applicants' locus standi to institute proceedings against the Defendants depends on proof of their membership in the Independent Presbyterian Church. The Respondents' denial of the Applicants' membership constitutes a triable issue that must be resolved at trial. The requirement for Synod authorisation does not apply to actions based on wrongful acts committed against the Church, and the arbitration clause is irrelevant to such proceedings. Accordingly, the exception to the special pleas is upheld and those pleas are struck out, but the exception to the plea over is dismissed as it raises a triable defence.

Court Disposition

Exception to special pleas upheld and those pleas struck out; exception to plea over dismissed; each party to pay their own costs.

Orders

  • The exception to the First and Second Defendants’ special pleas in paragraphs 1 to 8 is upheld and those paragraphs are struck out.
  • The exception to the First and Second Defendants’ plea over is dismissed.