Imkwanca Municipality v Bathembu and Others (154/2014) [2014] ZAECGHC 20 (3 April 2014)

Imkwanca Municipality v Bathembu and Others (154/2014) [2014] ZAECGHC 20 (3 April 2014)

The court found that the applicant's founding papers were vague, deficient, and failed to identify which respondents were responsible for the alleged unlawful conduct. The allegations were general and unsupported by admissible evidence, with no specific acts attributed to individual respondents. The court held that referring the matter to oral evidence would serve no purpose, as it would require the applicant to introduce new evidence not contained in the founding papers, amounting to an impermissible supplementation of its case under rule 6(5)(g). Consequently, the application for referral to oral evidence was dismissed with costs, and the main application was postponed sine die.

Citation
[2014] ZAECGHC 20
Parties
Applicant: Imkwanca Municipality; Respondent: Sicwabulana Bathembu; Respondent: Maki Fligo; Respondent: Unathi Galada; Respondent: Luyanda Gamzana; Respondent: Phila Godlwana; Respondent: Mbulelo Jacobs; Respondent: Vuyiseka Kupa; Respondent: Xola Makalima; Respondent: Nomsitho Mani; Respondent: Ayanda Maxambele; Respondent: Siphokazi Mjonto; Respondent: Xolani Mpongoshe; Respondent: Bulelani Mthakathi; Respondent: Tyhala Mzamo; Respondent: Innette Baba Ndevana; Respondent: Nonelwa Ndevana; Respondent: Danisile Ndibi; Respondent: Zamile Ndibi; Respondent: Sipho Ndlanga; Respondent: Ntlonipho Ndleleni; Respondent: Nandipha Njokweni; Respondent: Mxhosana Nkenke; Respondent: Tyala Nokuzola; Respondent: Tshita Phato; Respondent: Ziyaduma (Thamsanqa) Sphoko; Respondent: Gedion Tokota; Respondent: Asanda Tshaka; Respondent: Nandipha Kopi; Respondent: Siyabulela Yekani; Respondent: Sipho Maneli; Respondent: Luzuko Yalezo; Respondent: Elfy Lusiba; Respondent: Mbuyiselo Matiwane
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
3 April 2014
Case Number
154/2014
Procedural Posture
Urgent Application / Application for Referral to Oral Evidence Under Rule 6(5)(g)
Outcome
Application for referral to oral evidence dismissed with costs; main application postponed sine die.
Judges
Plasket
Legal Topics
Interdict Application, Disputes of Fact, Referral to Oral Evidence, Rule 6 5 G, Admissible Evidence
Civil Procedure Interdict Application Disputes of Fact Referral to Oral Evidence Rule 6 5 G Admissible Evidence

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Parties

Imkwanca Municipality

Applicant

Sicwabulana Bathembu

Respondent

Maki Fligo

Respondent

Unathi Galada

Respondent

Luyanda Gamzana

Respondent

Phila Godlwana

Respondent

Mbulelo Jacobs

Respondent

Vuyiseka Kupa

Respondent

Xola Makalima

Respondent

Nomsitho Mani

Respondent

Ayanda Maxambele

Respondent

Siphokazi Mjonto

Respondent

Xolani Mpongoshe

Respondent

Bulelani Mthakathi

Respondent

Tyhala Mzamo

Respondent

Innette Baba Ndevana

Respondent

Nonelwa Ndevana

Respondent

Danisile Ndibi

Respondent

Zamile Ndibi

Respondent

Sipho Ndlanga

Respondent

Ntlonipho Ndleleni

Respondent

Nandipha Njokweni

Respondent

Mxhosana Nkenke

Respondent

Tyala Nokuzola

Respondent

Tshita Phato

Respondent

Ziyaduma (Thamsanqa) Sphoko

Respondent

Gedion Tokota

Respondent

Asanda Tshaka

Respondent

Nandipha Kopi

Respondent

Siyabulela Yekani

Respondent

Sipho Maneli

Respondent

Luzuko Yalezo

Respondent

Elfy Lusiba

Respondent

Mbuyiselo Matiwane

Respondent

Procedural Posture

Urgent Application / Application for Referral to Oral Evidence Under Rule 6(5)(g)

Legal Issues

  1. 1 Whether the application should be referred to oral evidence under rule 6(5)(g).
  2. 2 Whether the applicant's founding papers establish a prima facie case against the respondents for the relief sought.
  3. 3 Whether the allegations against the respondents are sufficiently specific and supported by admissible evidence.

Ratio Decidendi

The court found that the applicant's founding papers were vague, deficient, and failed to identify which respondents were responsible for the alleged unlawful conduct. The allegations were general and unsupported by admissible evidence, with no specific acts attributed to individual respondents. The court held that referring the matter to oral evidence would serve no purpose, as it would require the applicant to introduce new evidence not contained in the founding papers, amounting to an impermissible supplementation of its case under rule 6(5)(g). Consequently, the application for referral to oral evidence was dismissed with costs, and the main application was postponed sine die.

Court Disposition

Application for referral to oral evidence dismissed with costs; main application postponed sine die.

Orders

  • The application in terms of rule 6(5)(g) for referral to oral evidence is dismissed with costs.
  • The main application is postponed sine die.