Kumbe v Rustenburg Municipal Council and Others [2023] ZAGPPHC 479; 047351/20 (22 May 2023)

Kumbe v Rustenburg Municipal Council and Others [2023] ZAGPPHC 479; 047351/20 (22 May 2023)

The court found that the Master of the High Court, who appoints trustees, is situated in Pretoria and that the Trust address is also in Pretoria. Although the majority of respondents and the applicant reside in the North West Province, the jurisdiction is determined by the location of the Master and the Trust. Section 21(2) of the Superior Court Act allows the Pretoria High Court to exercise jurisdiction over parties outside its area if joined to a cause within its jurisdiction. The respondents conceded that the Master in Pretoria makes the appointments based on recommendations from the Rustenburg Municipal Council. Therefore, the Pretoria High Court has jurisdiction to review the...

Citation
[2023] ZAGPPHC 479
Parties
Applicant: Kgomotso Kumbe; Respondent: Rustenburg Municipal Council; Respondent: Rustenburg Local Municipality; Respondent: Koketso Mogomotsi N.O (Council Speaker); Respondent: Frans Mabokela N.O (Municipal Manager); Respondent: Sheila Mabale-Huma N.O (Executive Mayor); Respondent: Rustenburg Water Services Trust; Respondent: Mokoka Edwin You N.O (Trustee); Respondent: Esmari Scheepers N.O (Trustee); Respondent: Brian Kagiso Lebethe N.O (Trustee); Respondent: Marks Kabelo Rapoo N.O (Trustee); Respondent: Priscillar Ngokwana Mayeza N.O (Trustee); Respondent: The Master of the High Court; Respondent: The Member of the Executive Council
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 May 2023
Case Number
047351/20
Procedural Posture
Review Application / Jurisdictional Point in Limine and Preliminary Review
Outcome
The point in limine regarding lack of jurisdiction is dismissed. The parties are directed to approach the office of the Deputy Judge President for allocation.
Judges
K Mogale
Legal Topics
Jurisdiction of High Court, Review of Administrative Action, Appointment of Trustees
Civil Procedure Administrative Law Jurisdiction of High Court Review of Administrative Action Appointment of Trustees

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Parties

Kgomotso Kumbe

Applicant

Rustenburg Municipal Council

Respondent

Rustenburg Local Municipality

Respondent

Koketso Mogomotsi N.O (Council Speaker)

Respondent

Frans Mabokela N.O (Municipal Manager)

Respondent

Sheila Mabale-Huma N.O (Executive Mayor)

Respondent

Rustenburg Water Services Trust

Respondent

Mokoka Edwin You N.O (Trustee)

Respondent

Esmari Scheepers N.O (Trustee)

Respondent

Brian Kagiso Lebethe N.O (Trustee)

Respondent

Marks Kabelo Rapoo N.O (Trustee)

Respondent

Priscillar Ngokwana Mayeza N.O (Trustee)

Respondent

The Master of the High Court

Respondent

The Member of the Executive Council

Respondent

Procedural Posture

Review Application / Jurisdictional Point in Limine and Preliminary Review

Legal Issues

  1. 1 Does the North Gauteng High Court, Pretoria, have jurisdiction to review the decision of the Rustenburg Municipal Council regarding trustee appointments?
  2. 2 Is the point in limine regarding lack of jurisdiction sustainable?
  3. 3 Does the location of the Trust and the Master of the High Court affect jurisdiction?

Ratio Decidendi

The court found that the Master of the High Court, who appoints trustees, is situated in Pretoria and that the Trust address is also in Pretoria. Although the majority of respondents and the applicant reside in the North West Province, the jurisdiction is determined by the location of the Master and the Trust. Section 21(2) of the Superior Court Act allows the Pretoria High Court to exercise jurisdiction over parties outside its area if joined to a cause within its jurisdiction. The respondents conceded that the Master in Pretoria makes the appointments based on recommendations from the Rustenburg Municipal Council. Therefore, the Pretoria High Court has jurisdiction to review the...

Court Disposition

The point in limine regarding lack of jurisdiction is dismissed. The parties are directed to approach the office of the Deputy Judge President for allocation.

Orders

  • The point in limine is dismissed with costs.
  • The parties must approach the office of the DJP of this Division for allocation.