Maphephethe Electrical CC v Thusanang Gast (Pty) Ltd and Another; In re: Thusanang Gast (Pty) Ltd v Thusanang Gast (Pty) Ltd (3788/2020) [2021] ZAGPJHC 728 (6 July 2021)

Maphephethe Electrical CC v Thusanang Gast (Pty) Ltd and Another; In re: Thusanang Gast (Pty) Ltd v Thusanang Gast (Pty) Ltd (3788/2020) [2021] ZAGPJHC 728 (6 July 2021)

The court held that the applicant, Maphephethe Electrical CC, does not have a claim against the employer, Ekurhuleni Metropolitan Municipality, nor a direct and substantial interest in the subject matter of the dispute between the employer and the contractor. There is no privity of contract between the applicant and the employer, and the applicant's interest is merely financial and indirect. The requirements for joinder under rule 12 read with rule 10(1) of the Uniform Rules of Court were not satisfied, as the applicant's right to relief is not dependent on the determination of substantially the same question of law or fact in the pending action. Accordingly, the application for joinder...

Citation
[2021] ZAGPJHC 728
Parties
Applicant: Maphephethe Electrical CC; Respondent: Thusanang Gast (Pty) Ltd; Respondent: Ekurhuleni Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 July 2021
Case Number
3788/2020
Procedural Posture
Joinder Application / Application for Joinder as Second Plaintiff in Pending Action
Outcome
Application dismissed with costs.
Judges
P.A. Meyer
Legal Topics
Joinder of Parties, Intervention Under Rule 12, Direct and Substantial Interest, Privity of Contract
Civil Procedure Joinder of Parties Intervention Under Rule 12 Direct and Substantial Interest Privity of Contract

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Parties

Maphephethe Electrical CC

Applicant

Thusanang Gast (Pty) Ltd

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

Procedural Posture

Joinder Application / Application for Joinder as Second Plaintiff in Pending Action

Legal Issues

  1. 1 Whether the applicant, a sub-contractor, may be joined as second plaintiff in the pending action between the contractor and the employer.
  2. 2 Whether the applicant has a direct and substantial interest or satisfies the requirements for intervention under rule 12 read with rule 10(1) of the Uniform Rules of Court.

Ratio Decidendi

The court held that the applicant, Maphephethe Electrical CC, does not have a claim against the employer, Ekurhuleni Metropolitan Municipality, nor a direct and substantial interest in the subject matter of the dispute between the employer and the contractor. There is no privity of contract between the applicant and the employer, and the applicant's interest is merely financial and indirect. The requirements for joinder under rule 12 read with rule 10(1) of the Uniform Rules of Court were not satisfied, as the applicant's right to relief is not dependent on the determination of substantially the same question of law or fact in the pending action. Accordingly, the application for joinder...

Court Disposition

Application dismissed with costs.

Orders

  • The application for joinder is dismissed with costs.