Mabaso v King Sabat Dalindyebo Municipality and Others (234/2014) [2014] ZAECMHC 43 (4 December 2014)

Mabaso v King Sabat Dalindyebo Municipality and Others (234/2014) [2014] ZAECMHC 43 (4 December 2014)

The court found that the applicant had not complied with Rule 28(5) as not all parties received notice of the proposed amendment and the applicant did not deliver each relevant page in its amended form after the expiry of the ten-day notice period. However, the court held that this did not preclude it from considering the application for leave to amend. The amendment sought was material, particularly as it affected the fourth respondent, but any prejudice to the respondents could be remedied. The court exercised its discretion to grant the applicant leave to amend the notice of motion and allowed the respondents to file further affidavits addressing the issues raised in the amendment....

Citation
[2014] ZAECMHC 43
Parties
Applicant: Charge-in Mabaso; Respondent: King Sabata Dalindyebo Municipality; Respondent: Mr Zizamele Mnqanqeni; Respondent: Mr Zozoj, Speaker - King Sabata Dalindyebo Local Municipality; Respondent: Bantuboxolo Gwadiso
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
4 December 2014
Case Number
234/2014
Procedural Posture
Interlocutory Application / Application for Leave to Amend Notice of Motion in Main Application
Outcome
Leave to amend the notice of motion in the main application is granted. Respondents are granted leave to file further affidavits. Each party to pay its own costs for this application.
Judges
Majiki
Legal Topics
Amendment of Pleadings, Rule 28 Uniform Rules, Review of Administrative Action, Joinder of Parties
Civil Procedure Administrative Law Amendment of Pleadings Rule 28 Uniform Rules Review of Administrative Action Joinder of Parties

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Parties

Charge-in Mabaso

Applicant

King Sabata Dalindyebo Municipality

Respondent

Mr Zizamele Mnqanqeni

Respondent

Mr Zozoj, Speaker - King Sabata Dalindyebo Local Municipality

Respondent

Bantuboxolo Gwadiso

Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Amend Notice of Motion in Main Application

Legal Issues

  1. 1 Whether the applicant effected a valid amendment to his notice of motion in terms of Rule 28(5) of the Uniform Rules of Court.
  2. 2 Whether the applicant should be granted leave to amend his notice of motion.
  3. 3 Whether the respondents' amplification of their notice of objection has any legal effect.

Ratio Decidendi

The court found that the applicant had not complied with Rule 28(5) as not all parties received notice of the proposed amendment and the applicant did not deliver each relevant page in its amended form after the expiry of the ten-day notice period. However, the court held that this did not preclude it from considering the application for leave to amend. The amendment sought was material, particularly as it affected the fourth respondent, but any prejudice to the respondents could be remedied. The court exercised its discretion to grant the applicant leave to amend the notice of motion and allowed the respondents to file further affidavits addressing the issues raised in the amendment....

Court Disposition

Leave to amend the notice of motion in the main application is granted. Respondents are granted leave to file further affidavits. Each party to pay its own costs for this application.

Orders

  • The applicant is granted leave to amend the notice of motion in the main application.
  • The respondents are granted leave to file a further set of affidavits dealing with the issues raised in the amendment.