Lonmin LTD and Others v C.G Steyn Inc t/a Steyn Attorneys and Others (M619/2016) [2018] ZANWHC 73 (13 December 2018)

Lonmin LTD and Others v C.G Steyn Inc t/a Steyn Attorneys and Others (M619/2016) [2018] ZANWHC 73 (13 December 2018)

The court found that its discretion to dismiss the application due to non-joinder was exercised judicially and in accordance with established legal principles. The applicants failed to join a substantial number of necessary parties, despite being made aware of this requirement, and their proposed timeframes for joinder were impractical. The withdrawal of certain prayers did not cure the defects in the application, and the matter was not ripe for determination. The punitive costs order was justified given the applicants' conduct and the history of the litigation. The applicants did not demonstrate reasonable prospects of success on appeal, and there were no grounds for interference with...

Citation
[2018] ZANWHC 73
Parties
Applicant: Lonmin LTD; Applicant: Anglo American Platinum LTD; Applicant: The Minister of Finance; Applicant: Q-Link (Pty) LTD; Respondent: C.G. Steyn Inc t/a Steyn Attorneys; Respondent: Emerald Dunes Investments 57 CC t/a Woza Cash; Respondent: Midnight Spark Trading 400 CC; Respondent: West Point Trading 13BK t/a Bapong Cash Loans; Respondent: Bitline SA 510 CC t/a Loan Tech Financial Services & Cash Card Salary Advance; Respondent: Holographix Properties 512 BK t/a Cash Box Financial Services; Respondent: Greenville Trading 7 BK t/a Platinum Cash Advance; 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 11CC t/a Sevco Finance; Respondent: Tuba Finance; Respondent: The Minister of Justice & Constitutional Development; Respondent: The Minister of Trade & Industry; Respondent: The National Credit Regulator; Respondent: Association for Debt Recovery Agents; Respondent: The Law Society of the Northern Provinces; Appellant: General Council of the Bar of South Africa; Appellant: Nedbank LTD
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
13 December 2018
Case Number
M619/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application and Costs Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
A.M. Kgoele
Legal Topics
Non Joinder, Judicial Discretion, Costs Orders, Declaratory Relief, National Credit Act, Public Interest Litigation
Civil Procedure Commercial and Corporate Non Joinder Judicial Discretion Costs Orders Declaratory Relief National Credit Act Public Interest Litigation

Case Brief

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Parties

Lonmin LTD

Applicant

Anglo American Platinum LTD

Applicant

The Minister of Finance

Applicant

Q-Link (Pty) LTD

Applicant

C.G. Steyn Inc t/a Steyn Attorneys

Respondent

Emerald Dunes Investments 57 CC t/a Woza Cash

Respondent

Midnight Spark Trading 400 CC

Respondent

West Point Trading 13BK t/a Bapong Cash Loans

Respondent

Bitline SA 510 CC t/a Loan Tech Financial Services & Cash Card Salary Advance

Respondent

Holographix Properties 512 BK t/a Cash Box Financial Services

Respondent

Greenville Trading 7 BK t/a Platinum Cash Advance

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 11CC t/a Sevco Finance

Respondent

Tuba Finance

Respondent

The Minister of Justice & Constitutional Development

Respondent

The Minister of Trade & Industry

Respondent

The National Credit Regulator

Respondent

Association for Debt Recovery Agents

Respondent

The Law Society of the Northern Provinces

Respondent

General Council of the Bar of South Africa

Appellant

Nedbank LTD

Appellant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application and Costs Order

Legal Issues

  1. 1 Whether the court exercised its discretion judicially in dismissing the application due to non-joinder.
  2. 2 Whether the applicants have reasonable prospects of success on appeal.
  3. 3 Whether the punitive costs order was justified.

Ratio Decidendi

The court found that its discretion to dismiss the application due to non-joinder was exercised judicially and in accordance with established legal principles. The applicants failed to join a substantial number of necessary parties, despite being made aware of this requirement, and their proposed timeframes for joinder were impractical. The withdrawal of certain prayers did not cure the defects in the application, and the matter was not ripe for determination. The punitive costs order was justified given the applicants' conduct and the history of the litigation. The applicants did not demonstrate reasonable prospects of success on appeal, and there were no grounds for interference with...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal to the Full Bench of this Division or the Supreme Court of Appeal is dismissed with costs.
  • Costs to include costs consequent upon the employment of two Counsel and/or a Senior Counsel where applicable.