Mahikeng Local Municipality v Gwiriri and Others (UM157/2019) [2023] ZANWHC 132 (10 August 2023)

Mahikeng Local Municipality v Gwiriri and Others (UM157/2019) [2023] ZANWHC 132 (10 August 2023)

The court found that the applicant had previously obtained an order interdicting the respondents from invading, allocating, or selling stands on the specified land, and that order was never appealed and remains valid. The second respondent's denial of allocating or selling stands since the 2019 order was fatal to...

Source-derived case information.

Citation
[2023] ZANWHC 132
Parties
Applicant: Mahikeng Local Municipality; Respondent: Velaphi Gwiriri; Respondent: Chris Mosiane; Respondent: David Mbochela; Respondent: Faraki Lefini; Respondent: Any other individual who associates themselves with the unlawful conduct of the first to fourth respondents; Respondent: The Provincial Commissioner of Police: North West Province; Respondent: The Station Commander, Mahikeng Police Station
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
10 August 2023
Case Number
UM157/2019
Procedural Posture
Urgent Application / Order Confirming Rule Nisi and Costs
Outcome
Rule nisi confirmed; second respondent ordered to pay costs.
Judges
J T Djaje
Legal Topics
Interdict, Unlawful Occupation, Rule Nisi, Costs Order
Land and Property Civil Procedure Interdict Unlawful Occupation Rule Nisi Costs Order

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Summary, issues, holding and outcome

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Parties

Mahikeng Local Municipality

Applicant

Velaphi Gwiriri

Respondent

Chris Mosiane

Respondent

David Mbochela

Respondent

Faraki Lefini

Respondent

Any other individual who associates themselves with the unlawful conduct of the first to fourth respondents

Respondent

The Provincial Commissioner of Police: North West Province

Respondent

The Station Commander, Mahikeng Police Station

Respondent

Procedural Posture

Urgent Application / Order Confirming Rule Nisi and Costs

Legal Issues

  1. 1 Whether the respondents should be interdicted from allocating, selling or alienating land on Portion 2 of the Farm Rooigrond No. 135 and Remainder of Erf 428, Mahikeng.
  2. 2 Whether the second respondent is in breach of the previous court order prohibiting allocation or sale of stands.
  3. 3 Whether there is a valid dispute of ownership affecting the applicant's entitlement to relief.

Ratio Decidendi

The court found that the applicant had previously obtained an order interdicting the respondents from invading, allocating, or selling stands on the specified land, and that order was never appealed and remains valid. The second respondent's denial of allocating or selling stands since the 2019 order was fatal to his defence, as he failed to provide any evidence of a pending ownership dispute or authority from the Traditional Council. The absence of proof and the standing court order justified the confirmation of the rule nisi and the award of costs against the second respondent.

Court Disposition

Rule nisi confirmed; second respondent ordered to pay costs.

Orders

  • The rule nisi is confirmed.
  • The second respondent is ordered to pay the costs of the application.