Macbeth Attorneys Incorporated and Another v Nel obo Jumbe and Others (86454/2016) [2018] ZAGPPHC 45 (9 March 2018)

Macbeth Attorneys Incorporated and Another v Nel obo Jumbe and Others (86454/2016) [2018] ZAGPPHC 45 (9 March 2018)

The court found that the application for leave to appeal Molahlehi AJ's order did not interrupt its operation, and that the applicants were in contempt for failing to comply with paragraph 4 of the order. However, the judgment acknowledged the complexity of the issues and the robust approach taken in the contempt finding, noting that the applicants' conduct was not fully addressed in terms of wilfulness and mala fides. The court concluded that there are reasonable prospects that another court may reach a different conclusion regarding the contempt finding and associated sanctions. Accordingly, leave to appeal was granted in respect of the relevant paragraphs of the order of 7 December 2016.

Citation
[2018] ZAGPPHC 45
Parties
Applicant: Macbeth Attorneys Incorporated; Applicant: Mandla Macbeth Ncongwane; Respondent: Adv P Nel obo Wezi Beverley Jumbe; Respondent: Bongani Loius Matsane; Respondent: Sibongile Muwamba Chimimba; Respondent: Friday Jumbe; Respondent: Law Society of the Northern Provinces
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 March 2018
Case Number
86454/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order of 7 December 2016
Outcome
Leave to appeal to the full bench of the court is granted in respect of paragraphs [1], [2], [3], and [5] of the order of 7 December 2016.
Judges
Tlhapi VV
Legal Topics
Contempt of Court, Interlocutory Orders, Trust Account Management, Leave to Appeal, Superior Courts Act
Civil Procedure Commercial and Corporate Contempt of Court Interlocutory Orders Trust Account Management Leave to Appeal Superior Courts Act

Case Brief

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Parties

Macbeth Attorneys Incorporated

Applicant

Mandla Macbeth Ncongwane

Applicant

Adv P Nel obo Wezi Beverley Jumbe

Respondent

Bongani Loius Matsane

Respondent

Sibongile Muwamba Chimimba

Respondent

Friday Jumbe

Respondent

Law Society of the Northern Provinces

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Order of 7 December 2016

Legal Issues

  1. 1 Whether the application for leave to appeal suspended the operation of the order of Molahlehi AJ dated 21 November 2016.
  2. 2 Whether the applicants were in contempt of the court order by failing to pay funds as directed.
  3. 3 Whether the requirements for contempt proceedings were properly addressed.

Ratio Decidendi

The court found that the application for leave to appeal Molahlehi AJ's order did not interrupt its operation, and that the applicants were in contempt for failing to comply with paragraph 4 of the order. However, the judgment acknowledged the complexity of the issues and the robust approach taken in the contempt finding, noting that the applicants' conduct was not fully addressed in terms of wilfulness and mala fides. The court concluded that there are reasonable prospects that another court may reach a different conclusion regarding the contempt finding and associated sanctions. Accordingly, leave to appeal was granted in respect of the relevant paragraphs of the order of 7 December 2016.

Court Disposition

Leave to appeal to the full bench of the court is granted in respect of paragraphs [1], [2], [3], and [5] of the order of 7 December 2016.

Orders

  • Leave to appeal to the full bench of this court is granted in respect of paragraphs [1], [2], [3], and [5] of the order of 7 December 2016.