Maluleke v Honourable Mr Justice N Ranchod and Others (HCAA 24/2023 ; 215/2023) [2025] ZALMPPHC 52 (20 March 2025)

Maluleke v Honourable Mr Justice N Ranchod and Others (HCAA 24/2023 ; 215/2023) [2025] ZALMPPHC 52 (20 March 2025)

The court found that the appellant failed to comply with Section 47(1) of the Superior Courts Act by not seeking prior consent from the head of court before instituting proceedings against the judges. The interlocutory application and related court order became moot once the main striking off proceedings were finalized and the appellant was struck off the roll. The court order in question set timelines for filing opposing papers but did not prescribe an obligation for the respondents to file such papers if they did not wish to oppose. Furthermore, service of the application and court order was not effected in accordance with the Uniform Rules of Court, as service by email did not...

Citation
[2025] ZALMPPHC 52
Parties
Appellant: Tsundzuka Kevin Maluleke; Respondent: The Honourable Mr Justice N Ranchod; Respondent: The Honourable Mr Justice B Mashile; Respondent: The Honourable Mr Justice EM Makgoba; Respondent: Minister of Justice and Correctional Services; Respondent: Chief Registrar of the Limpopo Division of the High Court: Polokwane; Respondent: Limpopo Provincial Council
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
20 March 2025
Case Number
HCAA 24/2023
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Contempt of Court Application
Outcome
Appeal dismissed with costs awarded to the sixth respondent.
Judges
Naude-Odendaal, Makoti, Pillay
Legal Topics
Contempt of Court, Service of Process, Leave to Sue Judge, Court Order Interpretation
Civil Procedure Administrative Law Contempt of Court Service of Process Leave to Sue Judge Court Order Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Tsundzuka Kevin Maluleke

Appellant

The Honourable Mr Justice N Ranchod

Respondent

The Honourable Mr Justice B Mashile

Respondent

The Honourable Mr Justice EM Makgoba

Respondent

Minister of Justice and Correctional Services

Respondent

Chief Registrar of the Limpopo Division of the High Court: Polokwane

Respondent

Limpopo Provincial Council

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Contempt of Court Application

Legal Issues

  1. 1 Whether the respondents were in contempt of the court order dated 17 January 2023.
  2. 2 Whether the court a quo erred in interpreting the court order as non-prescriptive regarding the filing of opposing papers.
  3. 3 Whether proper service of the interlocutory application and court order was effected on the respondents.

Ratio Decidendi

The court found that the appellant failed to comply with Section 47(1) of the Superior Courts Act by not seeking prior consent from the head of court before instituting proceedings against the judges. The interlocutory application and related court order became moot once the main striking off proceedings were finalized and the appellant was struck off the roll. The court order in question set timelines for filing opposing papers but did not prescribe an obligation for the respondents to file such papers if they did not wish to oppose. Furthermore, service of the application and court order was not effected in accordance with the Uniform Rules of Court, as service by email did not...

Court Disposition

Appeal dismissed with costs awarded to the sixth respondent.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal in respect of the sixth respondent.