Limpopo Province Voluntary Group Scheme Board and Others v Mahubane and Others (HCAA14/2019) [2021] ZALMPPHC 2 (28 January 2021)

Limpopo Province Voluntary Group Scheme Board and Others v Mahubane and Others (HCAA14/2019) [2021] ZALMPPHC 2 (28 January 2021)

The court found that the appellants provided a satisfactory explanation for the delay in filing the record and application for a hearing date, and their condonation application was not opposed. The notice of appeal complied with Rule 49(4) as it specified the whole judgment and the relief sought. The answering affidavit was not fatally defective, as any irregularity in commissioning was not raised in the court a quo and did not affect the substance. On the merits, the executive management committee acted within its constitutional powers to annul the election results due to serious irregularities, and the respondents were not denied an opportunity to participate in fresh elections. The...

Citation
[2021] ZALMPPHC 2
Parties
Appellant: Limpopo Province Voluntary Group Scheme Board; Appellant: Mafefe H O; Appellant: Chauke HW; Appellant: Shimange B S; Appellant: Tjale V; Respondent: Mahubane Machiri Albert; Respondent: Lamola Madimetja Michael; Respondent: Masete Mareme Stephen; Respondent: Mathonsi Rirhandzu Patience; Respondent: Ramphisha Mmammitji Suzan; Respondent: Shilenge Thembeni Bennet; Respondent: Mathebula Elizabeth Sizy; Respondent: Mageza Tintswalo Grace; Respondent: Mkhabela Zacharia Gregory Godfrey
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
28 January 2021
Case Number
HCAA14/2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment; Condonation and Reinstatement of Appeal; Merits of Review Application
Outcome
Appeal upheld; order of court a quo set aside; application dismissed; each party to pay own costs.
Judges
KGANYAGO, PHATUDI, NAUDE
Legal Topics
Condonation, Review of Domestic Tribunal, Notice of Appeal Requirements, Natural Justice, Company Constitution, Mootness
Civil Procedure Commercial and Corporate Condonation Review of Domestic Tribunal Notice of Appeal Requirements Natural Justice Company Constitution Mootness

Case Brief

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Parties

Limpopo Province Voluntary Group Scheme Board

Appellant

Mafefe H O

Appellant

Chauke HW

Appellant

Shimange B S

Appellant

Tjale V

Appellant

Mahubane Machiri Albert

Respondent

Lamola Madimetja Michael

Respondent

Masete Mareme Stephen

Respondent

Mathonsi Rirhandzu Patience

Respondent

Ramphisha Mmammitji Suzan

Respondent

Shilenge Thembeni Bennet

Respondent

Mathebula Elizabeth Sizy

Respondent

Mageza Tintswalo Grace

Respondent

Mkhabela Zacharia Gregory Godfrey

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment; Condonation and Reinstatement of Appeal; Merits of Review Application

Legal Issues

  1. 1 Whether condonation should be granted for late filing of the record and application for a hearing date.
  2. 2 Whether the appellants' notice of appeal was fatally defective and invalid.
  3. 3 Whether the appellants' answering affidavit was defective due to improper commissioning.

Ratio Decidendi

The court found that the appellants provided a satisfactory explanation for the delay in filing the record and application for a hearing date, and their condonation application was not opposed. The notice of appeal complied with Rule 49(4) as it specified the whole judgment and the relief sought. The answering affidavit was not fatally defective, as any irregularity in commissioning was not raised in the court a quo and did not affect the substance. On the merits, the executive management committee acted within its constitutional powers to annul the election results due to serious irregularities, and the respondents were not denied an opportunity to participate in fresh elections. The...

Court Disposition

Appeal upheld; order of court a quo set aside; application dismissed; each party to pay own costs.

Orders

  • Condonation is granted for the late filing of the record.
  • Condonation is granted for the late application for a date of hearing of the appeal.