Maruping and Others v Forum 4 Service Delivery (NFEC) and Others (UM46/2048) [2018] ZANWHC 28 (12 April 2018)

Maruping and Others v Forum 4 Service Delivery (NFEC) and Others (UM46/2048) [2018] ZANWHC 28 (12 April 2018)

The court found that the applicants failed to set out sufficient grounds for urgency as required by Rule 6(12)(b) of the Uniform Rules of Court. The urgency was deemed self-created, as the applicants could have approached the court earlier given the disciplinary proceedings and expulsion letters. The reasons advanced did not demonstrate that substantial redress could not be afforded in due course. The court exercised its discretion to strike the application from the roll for lack of urgency and ordered the applicants to pay the wasted costs.

Citation
[2018] ZANWHC 28
Parties
Applicant: Maruping Gontse Samuel; Applicant: Maruping Lucas; Applicant: Montwedi Mothusi Kenneth; Applicant: Ledwaba Bosa; Applicant: Botman Thambo; Applicant: Moloko Letlhogonolo; Applicant: Moselane Modisaotsile Jacob; Applicant: Modise Pakiso Godfrey; Applicant: Digopo Thabo; Applicant: Foleni Gasetlolwe Cornelius; Applicant: Mbana Kgomotso Irene; Respondent: Forum 4 Service Delivery (NFEC); Respondent: Kekana Mbahare; Respondent: Boemo-Gaobepe Lorato; Respondent: Motlagodisa Katlego; Respondent: Independent Electoral Commission; Respondent: Maquassi Hills Local Municipality; Respondent: City of Matlosana; Respondent: Mahikeng Local Municipality; Respondent: Greater Taung Local Municipality; Respondent: Mamusa Local Municipality; Respondent: Rustenbug Local Municipality; Respondent: Lekwa Teemabe Local Municipality
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
12 April 2018
Case Number
UM46/2048
Procedural Posture
Urgent Application / Application Struck From Roll for Lack of Urgency
Outcome
Application struck from the roll for lack of urgency; applicants ordered to pay wasted costs.
Judges
R D Hendricks
Legal Topics
Urgency in Motion Proceedings, Rule 6 Uniform Rules, Striking From Roll, Costs Order
Civil Procedure Urgency in Motion Proceedings Rule 6 Uniform Rules Striking From Roll Costs Order

Case Brief

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Parties

Maruping Gontse Samuel

Applicant

Maruping Lucas

Applicant

Montwedi Mothusi Kenneth

Applicant

Ledwaba Bosa

Applicant

Botman Thambo

Applicant

Moloko Letlhogonolo

Applicant

Moselane Modisaotsile Jacob

Applicant

Modise Pakiso Godfrey

Applicant

Digopo Thabo

Applicant

Foleni Gasetlolwe Cornelius

Applicant

Mbana Kgomotso Irene

Applicant

Forum 4 Service Delivery (NFEC)

Respondent

Kekana Mbahare

Respondent

Boemo-Gaobepe Lorato

Respondent

Motlagodisa Katlego

Respondent

Independent Electoral Commission

Respondent

Maquassi Hills Local Municipality

Respondent

City of Matlosana

Respondent

Mahikeng Local Municipality

Respondent

Greater Taung Local Municipality

Respondent

Mamusa Local Municipality

Respondent

Rustenbug Local Municipality

Respondent

Lekwa Teemabe Local Municipality

Respondent

Procedural Posture

Urgent Application / Application Struck From Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application should be heard as a matter of urgency.
  2. 2 Whether the applicants have set out sufficient grounds for urgency under Rule 6(12).
  3. 3 Whether substantial redress could be afforded to the applicants in due course.

Ratio Decidendi

The court found that the applicants failed to set out sufficient grounds for urgency as required by Rule 6(12)(b) of the Uniform Rules of Court. The urgency was deemed self-created, as the applicants could have approached the court earlier given the disciplinary proceedings and expulsion letters. The reasons advanced did not demonstrate that substantial redress could not be afforded in due course. The court exercised its discretion to strike the application from the roll for lack of urgency and ordered the applicants to pay the wasted costs.

Court Disposition

Application struck from the roll for lack of urgency; applicants ordered to pay wasted costs.

Orders

  • The application is struck from the roll due to lack of urgency.
  • The applicants are ordered to pay the wasted costs.