Mabyane v Moerane and Another (CIV APP MG28/2023) [2025] ZANWHC 68 (31 March 2025)

Mabyane v Moerane and Another (CIV APP MG28/2023) [2025] ZANWHC 68 (31 March 2025)

The court found that the appeal record was incomplete and contained illegible portions, specifically the answering affidavit of the second respondent and annexures. The magistrate's reasons for findings of fact and law were absent from the record. The appellant failed to provide security for costs as required and did not apply for dispensation of this requirement. The registrar erred in assigning a hearing date in the face of these procedural defects. In line with appellate authority, the court ordered the matter removed from the roll and directed the appellant to reconstruct the record in consultation with relevant parties, following guidelines set out in Muravha v Minister of Police and...

Citation
[2025] ZANWHC 68
Parties
Appellant: Molefi Phanuel Mabyane; Respondent: David Dede Moerane; Respondent: Department of Rural Development
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
31 March 2025
Case Number
CIV APP MG28/2023
Procedural Posture
Civil Appeal / Appeal From Magistrates' Court; Interlocutory Order Regarding Record Reconstruction and Costs
Outcome
Appeal removed from the roll pending reconstruction of the record; appellant to pay wasted costs.
Judges
T Masike, A Reddy
Legal Topics
Appeal Record Reconstruction, Security for Costs, Condonation, Jurisdiction of Magistrates Court
Civil Procedure Appeal Record Reconstruction Security for Costs Condonation Jurisdiction of Magistrates Court

Case Brief

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Parties

Molefi Phanuel Mabyane

Appellant

David Dede Moerane

Respondent

Department of Rural Development

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrates' Court; Interlocutory Order Regarding Record Reconstruction and Costs

Legal Issues

  1. 1 Whether the appeal record is complete and legible for the hearing of the appeal.
  2. 2 Whether the appellant complied with the requirements for prosecuting an appeal, including providing security for costs and obtaining the magistrate's reasons.
  3. 3 Whether the registrar erred in assigning a hearing date despite non-compliance with procedural rules.

Ratio Decidendi

The court found that the appeal record was incomplete and contained illegible portions, specifically the answering affidavit of the second respondent and annexures. The magistrate's reasons for findings of fact and law were absent from the record. The appellant failed to provide security for costs as required and did not apply for dispensation of this requirement. The registrar erred in assigning a hearing date in the face of these procedural defects. In line with appellate authority, the court ordered the matter removed from the roll and directed the appellant to reconstruct the record in consultation with relevant parties, following guidelines set out in Muravha v Minister of Police and...

Court Disposition

Appeal removed from the roll pending reconstruction of the record; appellant to pay wasted costs.

Orders

  • The matter is removed from the roll subject to reconstruction of the record.
  • The appellant’s legal representative is directed to immediately take steps to properly reconstruct the missing and illegible portions of the record in consultation with all relevant role players, including Magistrate M P Hlabyago, according to the guidelines in Muravha v Minister of Police, S v Leslie, and S v...