Lonmin Ltd and Others v CG Steyn Inc t/a Steyn Attorneys and Others (M619/16) [2018] ZANWHC 10 (26 April 2018)
The application was dismissed due to the applicants' failure to join parties with a direct and substantial interest in the litigation, including the issuing Magistrates or Clerks, affected credit consumers, and relevant industry bodies. The Court found that the applicants' attempts at notification and joinder were legally insufficient and did not comply with the requirements of the law and procedural rules. The abandonment of key prayers by the applicants undermined their locus standi and the substance of their application. The Court held that declaratory relief cannot be granted in the absence of all interested parties, and that the applicants' approach resulted in unnecessary costs and...
- Citation
- [2018] ZANWHC 10
- Parties
- Applicant: Lonmin Ltd; Applicant: Anglo American Platinum Ltd; Applicant: The Minister of Finance; Applicant: Q-Link (Pty) Ltd; Respondent: CG Steyn Inc t/a Steyn Attorneys; Respondent: Emerald Dunes Investments 57 CC t/a Woza Cash Advance, Payday Cash Advance; Respondent: Midnight Spark Trading 400 CC; Respondent: West Point Trading 13 BK t/a Bapong Cash Loans; Respondent: Bitline SA 510 CC t/a Loan Tech Financial Services & Cash Card Salary Advice; Respondent: Holographix Properties 512 BK t/a Platinum Cash Advance, Cash Today; Respondent: Greenville Trading 7 BK t/a Platinum Cash Advance, Cash Today; Respondent: D EN AG Fourie BK t/a Cash for Cash 1, Cash for Cash 2, Tlayang Financial Service, City Financial Services, Lethabo Financial Services; Respondent: Eastern Blue Investments 186 BK t/a Fast Cash Financial Services; Respondent: Blue Raindrops Trading 59 CC t/a Ready Cash; Respondent: Eunever Trading t/a Sevco Finance; Respondent: Tuba Finance; Respondent: The Minister of Justice and Correctional Services; Respondent: The Minister of Trade Industry; Respondent: The National Credit Regulator; Respondent: Association for Debt Recovery Agents; Respondent: The Law Society for the Northern Province; Amicus Curiae: The General Council of the Bar; Amicus Curiae: Nedbank
- Court
- North West High Court, Mafikeng
- Jurisdiction
- South Africa
- Judgment Date
- 26 April 2018
- Case Number
- M619/16
- Procedural Posture
- Civil Application / Judgment After Hearing Preliminary Points
- Outcome
- Application dismissed with costs due to non-joinder of parties with a direct and substantial interest.
- Judges
- Kgoele
- Legal Topics
- Emoluments Attachment Orders, Non Joinder, Collection Costs, National Credit Act, Judicial Oversight, Class Action Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
Lonmin Ltd
Applicant
Anglo American Platinum Ltd
Applicant
The Minister of Finance
Applicant
Q-Link (Pty) Ltd
Applicant
CG Steyn Inc t/a Steyn Attorneys
Respondent
Emerald Dunes Investments 57 CC t/a Woza Cash Advance, Payday Cash Advance
Respondent
Midnight Spark Trading 400 CC
Respondent
West Point Trading 13 BK t/a Bapong Cash Loans
Respondent
Bitline SA 510 CC t/a Loan Tech Financial Services & Cash Card Salary Advice
Respondent
Holographix Properties 512 BK t/a Platinum Cash Advance, Cash Today
Respondent
Greenville Trading 7 BK t/a Platinum Cash Advance, Cash Today
Respondent
D EN AG Fourie BK t/a Cash for Cash 1, Cash for Cash 2, Tlayang Financial Service, City Financial Services, Lethabo Financial Services
Respondent
Eastern Blue Investments 186 BK t/a Fast Cash Financial Services
Respondent
Blue Raindrops Trading 59 CC t/a Ready Cash
Respondent
Eunever Trading t/a Sevco Finance
Respondent
Tuba Finance
Respondent
The Minister of Justice and Correctional Services
Respondent
The Minister of Trade Industry
Respondent
The National Credit Regulator
Respondent
Association for Debt Recovery Agents
Respondent
The Law Society for the Northern Province
Respondent
The General Council of the Bar
Amicus Curiae
Nedbank
Amicus Curiae
Procedural Posture
Civil Application / Judgment After Hearing Preliminary Points
Legal Issues
- 1 Whether the application should be dismissed due to non-joinder of parties with a direct and substantial interest.
- 2 Whether the applicants were required to join the issuing Magistrates or Clerks of the Court in proceedings seeking to review or set aside emoluments attachment orders.
- 3 Whether credit consumers subject to the emoluments attachment orders should have been joined as parties.
Ratio Decidendi
The application was dismissed due to the applicants' failure to join parties with a direct and substantial interest in the litigation, including the issuing Magistrates or Clerks, affected credit consumers, and relevant industry bodies. The Court found that the applicants' attempts at notification and joinder were legally insufficient and did not comply with the requirements of the law and procedural rules. The abandonment of key prayers by the applicants undermined their locus standi and the substance of their application. The Court held that declaratory relief cannot be granted in the absence of all interested parties, and that the applicants' approach resulted in unnecessary costs and...
Court Disposition
Application dismissed with costs due to non-joinder of parties with a direct and substantial interest.
Orders
- The application is dismissed with costs due to non-joinder of parties with a direct and substantial interest and/or vital interest in the litigation and possible result.
- The first, second, and fourth applicants are ordered to pay the costs jointly and/or severally on an attorney and client scale, including costs reserved previously and those consequent upon the employment of two counsel where applicable.
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