Mafikeng Local Municipality v Madumo (310/05) [2005] ZANWHC 103 (8 December 2005)

Mafikeng Local Municipality v Madumo (310/05) [2005] ZANWHC 103 (8 December 2005)

The court found that, on the merits, there is a reasonable possibility that a court of appeal could reach a different conclusion regarding both the finding for the respondent and the refusal to grant postponement. Regarding the application for recusal, the court held that the explanation for not raising the issue earlier was unacceptable, as the applicant had access to the roll and could have known who would preside. Nevertheless, the court acknowledged that another court might reach a different conclusion on the recusal issue. Consequently, leave to appeal was granted to the Full Bench of the Division against the order made on 11 August 2005.

Citation
[2005] ZANWHC 103
Parties
Applicant: Mafikeng Local Municipality; Respondent: Goitsemodimo Duke Madumo
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
8 December 2005
Case Number
310/05
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal to the Full Bench of this Division against the order made on 11 August 2005 is granted. Costs are to be costs in the appeal.
Judges
V V Tlhapi
Legal Topics
Leave to Appeal, Recusal of Judge, Postponement Application, Judicial Bias
Civil Procedure Leave to Appeal Recusal of Judge Postponement Application Judicial Bias

Case Brief

Summary, issues, holding and outcome

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Parties

Mafikeng Local Municipality

Applicant

Goitsemodimo Duke Madumo

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the order made on 11 August 2005.
  2. 2 Whether the presiding judge was biased and should have recused himself.
  3. 3 Whether the refusal to grant postponement was erroneous.

Ratio Decidendi

The court found that, on the merits, there is a reasonable possibility that a court of appeal could reach a different conclusion regarding both the finding for the respondent and the refusal to grant postponement. Regarding the application for recusal, the court held that the explanation for not raising the issue earlier was unacceptable, as the applicant had access to the roll and could have known who would preside. Nevertheless, the court acknowledged that another court might reach a different conclusion on the recusal issue. Consequently, leave to appeal was granted to the Full Bench of the Division against the order made on 11 August 2005.

Court Disposition

Leave to appeal to the Full Bench of this Division against the order made on 11 August 2005 is granted. Costs are to be costs in the appeal.

Orders

  • Leave to appeal to the Full Bench of this Division against the order made on 11 August 2005 is granted.
  • Costs are to be costs in the appeal.