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South Africa Judgment

North Gauteng High Court, Pretoria

Hoffman v Freedom Front Plus and Another (120034/2024) [2024] ZAGPPHC 1061 (31 October 2024)

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Source document

01

Holding and result

The court found that the applicant failed to establish urgency, as he did not demonstrate that he would suffer irreparable harm if the disciplinary hearing proceeded as scheduled. The applicant was unable to show that his preferred counsel was the only person capable of representing him, nor that he would be denied a fair hearing. The application was deemed premature, and the applicant could seek a postponement at the disciplinary hearing if necessary. There was no basis to deviate from the principle that costs follow success, as the first respondent was required to defend the matter on an urgent basis without justification.

Court disposition

Application struck from the roll with costs on scale A.

Orders

  • The application is struck from the roll with costs on scale A.

02

Material facts

Parties

Kobus Hoffman

Applicant Counsel: Adv. M. Boonzaaier

Freedom Front Plus

Respondent Counsel: Adv. E. van As

Gert van Niekerk N.O.

Respondent

03

Procedural history

  1. Posture

    Urgent Application / Application for Urgent Interdict Pending Disciplinary Hearing

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant argued that the disciplinary hearing was set down unilaterally by the first respondent for 5 November 2024, despite prior notification that his preferred counsel was unavailable. He contended that the composition of the disciplinary committee was biased and requested that an independent chair and committee be appointed by the Arbitration Foundation of Southern Africa. The applicant claimed he lacked financial means to pay costs and sought an order that each party bear its own costs.
Respondent
The first respondent maintained that it acted in accordance with its Constitution and followed proper procedure in scheduling the disciplinary hearing. It argued that the applicant was given an opportunity to propose alternative dates, but the dates suggested were unreasonable. The respondent asserted that the applicant could request a postponement at the hearing and that there was no evidence that only his preferred counsel could represent him. The respondent opposed the costs order sought by the applicant, arguing that costs should follow the result.

05

Court’s reasoning

  1. 01

    Rule 6(12) of the Uniform Rules of Court

    Urgency must be established on the papers for the court to entertain an urgent application.

  2. 02

    Ferreira v Levin NO and Others 1996 (2) SA 621 (CC)

    Costs generally follow the result unless exceptional circumstances justify a departure.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicant failed to establish urgency, as he did not demonstrate that he would suffer irreparable harm if the disciplinary hearing proceeded as scheduled. The applicant was unable to show that his preferred counsel was the only person capable of representing him, nor that he would be denied a fair hearing. The application was deemed premature, and the applicant could seek a postponement at the disciplinary hearing if necessary. There was no basis to deviate from the principle that costs follow success, as the first respondent was required to defend the matter on an urgent basis without justification.

Obiter and limits

  • The applicant's anticipation of bias by the disciplinary committee was speculative and unsupported by evidence.
  • The court noted that the applicant's financial circumstances do not justify a departure from the usual costs order.

Court disposition

Application struck from the roll with costs on scale A.

  • The application is struck from the roll with costs on scale A.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2024] ZAGPPHC 1061

REPUBLIC OF SOUTH

AFRICA

IN THE HIGH COURT OF

SOUTH AFRICA

GAUTENG DIVISION,

PRETORIA

CASE NO.: 120034/2024

(1) REPORTABLE: NO

(2) OF INTEREST TO OTHER JUDGES: NO

(3) REVISED: NO

Date: 31 October 2024

E van der Schyff

In the matter between:

KOBUS

HOFFMAN

Applicant

And

FREEDOM

FRONT PLUS

First Respondent

GERT VAN NIEKERK N.O.

Second Respondent

JUDGMENT

Van der Schyff J

Introduction

[1] The applicant, Mr. Hoffman, approached the urgent court seeking an order to the effect that the respondents are interdicted from proceedings with a disciplinary hearing set down for 5 November 2024, pending the finalisation of relief sought under Part B of the application.

[2] In Part B, Mr. Hoffman seeks an order that the first respondent must remove second respondent and the disciplinary committee members from the disciplinary hearing of the applicant, and that the Arbitration Foundation of Southern Africa be ordered to appoint an independent chair and committee to attend to a fair and just disciplinary hearing.

[3] The applicant avers that the first respondent unilaterally set down the disciplinary hearing for 5 November 2024, despite being informed that the applicant’s counsel is not available on the date.

[4] The facts, however, indicate that the applicant was suspended from all party obligations on 5 July 2024. The disciplinary hearing was set down for 4 October 2024. When the applicant informed the first respondent that his preferred counsel is not available on the date, the first respondent requested that dates be sent through which would suit the applicant’s counsel. The dates provided was for 2025, and were not acceptable for the first respondent. On 8 October 2024, the first respondent set the matter down for 4 November 2024, and the applicant was duly notified.

[5] The first respondent acted in accordance with the procedure set out in its Constitution. The applicant does not make out a case that it would not be possible for him to seek a postponement at the hearing. He also did not, on the papers before me, make out a case that his preferred counsel is the only counsel or legal representative who would be able to represent him at the disciplinary hearing. He anticipates that the presiding committee would disregard his interests and not adjudicate the matter objectively and fair.

[6] The application is, in my view, premature, and as such it does not cross the hurdle of urgency.

[7] Counsel for the applicant submitted that the applicant does not have the financial means to pay the costs of the application and, if he is not successful, that an order be made so that each party pays its own costs.

[8] Such an approach would, however, not be just and fair towards the first respondent, who was dragged to court on an urgent basis. There is no reason to deviate from the principle that costs follow success.

ORDER

In the result, the following order is granted:

1. The application is struck from the roll with costs on scale A.

Judge of the High Court

Delivered: This judgment is handed down electronically by uploading it to the electronic file of this matter on CaseLines. As a courtesy gesture, it will be emailed to the parties/their legal representatives.

For the applicant:

Adv. M. Boonzaaier

Instructed by:

Willie Jordaan Attorneys

For the first respondent:

Adv. E. van As

Instructed by:

Johan Victor Attorneys

Date of the hearing:

30 October 2024

Date of judgment:

31 October 2024

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Ferreira v Levin NO and Others 1996 (2) SA 621 (CC)

Case cited

Rule 6(12) of the Uniform Rules of Court

Legislation

Legislation referenced in the available case record.

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