Mangaung Metropolitan Municipality v Constable and Others (3667/2019) [2020] ZAFSHC 172 (31 July 2020)

Mangaung Metropolitan Municipality v Constable and Others (3667/2019) [2020] ZAFSHC 172 (31 July 2020)

The court found that the fourth respondent was properly cited and served, and her opposition was not convincing. Despite her claims of non-involvement, she failed to take reasonable steps to resolve the matter, such as consenting to removal or confronting the person who provided her details. The applicant made out a proper case for the relief sought, including the removal of the fourth, fifth, sixth, and seventh respondents as community representatives and the confirmation of the interdict. The application was unopposed as to the other respondents, and there was no reason not to grant the orders as prayed. The applicant did not insist on costs against the fourth respondent due to her...

Citation
[2020] ZAFSHC 172
Parties
Applicant: Mangaung Metropolitan Municipality; Respondent: Donald Constable; Respondent: Ward 47 Business Forum; Respondent: Santies van Wyk; Respondent: Alice Mabaso; Respondent: Johan de Bruyn; Respondent: Fanie van D Walt; Respondent: Nthabiseng Mancotywa; Respondent: Mokgadi Kganakga; Respondent: Calandra Trading 621 (Pty) Ltd; Respondent: All Other Respondents Present THE IPNT BUS DEPOT PROJECT SITE
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
31 July 2020
Case Number
3667/2019
Procedural Posture
Urgent Application / Return Date of Rule Nisi; Confirmation and Final Relief
Outcome
Rule nisi confirmed; interdict and removal orders granted; costs awarded against specified respondents.
Judges
Mhlambi
Legal Topics
Interdict, Community Representation, Project Steering Committee, Removal of Representatives, Costs Order
Civil Procedure Land and Property Interdict Community Representation Project Steering Committee Removal of Representatives Costs Order

Case Brief

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Parties

Mangaung Metropolitan Municipality

Applicant

Donald Constable

Respondent

Ward 47 Business Forum

Respondent

Santies van Wyk

Respondent

Alice Mabaso

Respondent

Johan de Bruyn

Respondent

Fanie van D Walt

Respondent

Nthabiseng Mancotywa

Respondent

Mokgadi Kganakga

Respondent

Calandra Trading 621 (Pty) Ltd

Respondent

All Other Respondents Present THE IPNT BUS DEPOT PROJECT SITE

Respondent

Procedural Posture

Urgent Application / Return Date of Rule Nisi; Confirmation and Final Relief

Legal Issues

  1. 1 Whether the respondents should be interdicted from entering and disrupting the IPTN Bus Depot Project Site.
  2. 2 Whether the fourth, fifth, sixth, and seventh respondents should be removed as community representatives of Ward 47 in the Project Steering Committee.
  3. 3 Whether costs should be awarded against the respondents opposing the application.

Ratio Decidendi

The court found that the fourth respondent was properly cited and served, and her opposition was not convincing. Despite her claims of non-involvement, she failed to take reasonable steps to resolve the matter, such as consenting to removal or confronting the person who provided her details. The applicant made out a proper case for the relief sought, including the removal of the fourth, fifth, sixth, and seventh respondents as community representatives and the confirmation of the interdict. The application was unopposed as to the other respondents, and there was no reason not to grant the orders as prayed. The applicant did not insist on costs against the fourth respondent due to her...

Court Disposition

Rule nisi confirmed; interdict and removal orders granted; costs awarded against specified respondents.

Orders

  • The rule nisi granted on 14 August 2019 is confirmed.
  • The fourth, fifth, sixth, and seventh respondents are removed as the community representatives of Ward 47 in the Project Steering Committee, and four new members are to be elected or nominated within five days of this order.