Mashamaite and Others v Mogalakwena Local Municipality and Others, Member of the executive Council for Coghsta, Limpopo and Another v Kekana and Others (523/2016, 548/2016) [2017] ZASCA 43; [2017] 2 All SA 740 (SCA) (30 March 2017)

Mashamaite and Others v Mogalakwena Local Municipality and Others, Member of the executive Council for Coghsta, Limpopo and Another v Kekana and Others (523/2016, 548/2016) [2017] ZASCA 43; [2017] 2 All SA 740 (SCA) (30 March 2017)

The Supreme Court of Appeal held that the High Court was precluded from granting reinstatement to Kekana due to the doctrine of res judicata, as the same relief had previously been sought and dismissed. The court found that Kekana, being on suspension, lacked authority to act on behalf of the municipality at the time of instituting proceedings. Several orders were rendered moot by subsequent events, including local government elections and Kekana's dismissal. The contempt order against the MEC was set aside, as the requirements of wilfulness and mala fides were not met and there was uncertainty regarding service of the order. The costs order against the appellants was also set aside, as...

Citation
[2017] ZASCA 43
Parties
Appellant: Tlhalefi Andries Mashamaite; Appellant: L D Langa; Appellant: N S Montane; Appellant: M A Tsebe; Appellant: M R Lebelo; Appellant: Vaaltÿn Kekana; Appellant: Sanny Tlhaku; Appellant: Lesiba Jacob Mashala; Appellant: Lesiba Jackson Mathebathe; Appellant: Ramasela Linah Mahlaela; Appellant: Mokgaeti Francinah Mutshimya; Appellant: Ramokone Minky Molekoa; Appellant: David Magongoa; Appellant: Lesetja Charles Kganyago; Appellant: Monicca Senoamadi; Appellant: Ernest Ranthupa; Appellant: Nelson Ngwetjana; Appellant: Nakedi Mabula; Appellant: Nelly Monene; Appellant: Lesiba Jairus Lebelo; Appellant: L G Legodi; Appellant: Emily Manganye; Appellant: Lebogang Brenda Mokgotho; Appellant: Maphuthi Rahab Lebelo; Appellant: Mamma Miloana; Appellant: Enock Manamela; Appellant: Lawrence Somo; Appellant: Raisibe Andrina Matsemela; Appellant: Zunaid Surtee; Appellant: Mankopane Michael Rapatsa; Appellant: Malesela Frans Mokwele; Appellant: Lesetja Phillemon Eric Gwangwa; Appellant: Mahlodi Josephine Madiba; Appellant: Madibana Cathy Lentsoane; Appellant: Mapula Shirley Tefu; Appellant: Mankale Solomon Molaba; Respondent: Mogalakwena Local Municipality; Respondent: Shella William Kekana; Respondent: Member of the Executive Council for Coghsta, Limpopo
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 March 2017
Case Number
523/2016, 548/2016
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal upheld; application dismissed; costs awarded to appellants including costs of two counsel.
Judges
Maya, Theron, Dambuza, Fourie, Schippers
Legal Topics
Res Judicata, Municipal Governance, Contempt of Court, Motion Proceedings, Costs Award
Administrative Law Civil Procedure Res Judicata Municipal Governance Contempt of Court Motion Proceedings Costs Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Tlhalefi Andries Mashamaite

Appellant

L D Langa

Appellant

N S Montane

Appellant

M A Tsebe

Appellant

M R Lebelo

Appellant

Vaaltÿn Kekana

Appellant

Sanny Tlhaku

Appellant

Lesiba Jacob Mashala

Appellant

Lesiba Jackson Mathebathe

Appellant

Ramasela Linah Mahlaela

Appellant

Mokgaeti Francinah Mutshimya

Appellant

Ramokone Minky Molekoa

Appellant

David Magongoa

Appellant

Lesetja Charles Kganyago

Appellant

Monicca Senoamadi

Appellant

Ernest Ranthupa

Appellant

Nelson Ngwetjana

Appellant

Nakedi Mabula

Appellant

Nelly Monene

Appellant

Lesiba Jairus Lebelo

Appellant

L G Legodi

Appellant

Emily Manganye

Appellant

Lebogang Brenda Mokgotho

Appellant

Maphuthi Rahab Lebelo

Appellant

Mamma Miloana

Appellant

Enock Manamela

Appellant

Lawrence Somo

Appellant

Raisibe Andrina Matsemela

Appellant

Zunaid Surtee

Appellant

Mankopane Michael Rapatsa

Appellant

Malesela Frans Mokwele

Appellant

Lesetja Phillemon Eric Gwangwa

Appellant

Mahlodi Josephine Madiba

Appellant

Madibana Cathy Lentsoane

Appellant

Mapula Shirley Tefu

Appellant

Mankale Solomon Molaba

Appellant

Mogalakwena Local Municipality

Respondent

Shella William Kekana

Respondent

Member of the Executive Council for Coghsta, Limpopo

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Was the court a quo precluded from granting reinstatement on the basis of res judicata?
  2. 2 Did Kekana have authority to institute proceedings on behalf of the municipality?
  3. 3 Are some of the orders appealed against moot?

Ratio Decidendi

The Supreme Court of Appeal held that the High Court was precluded from granting reinstatement to Kekana due to the doctrine of res judicata, as the same relief had previously been sought and dismissed. The court found that Kekana, being on suspension, lacked authority to act on behalf of the municipality at the time of instituting proceedings. Several orders were rendered moot by subsequent events, including local government elections and Kekana's dismissal. The contempt order against the MEC was set aside, as the requirements of wilfulness and mala fides were not met and there was uncertainty regarding service of the order. The costs order against the appellants was also set aside, as...

Court Disposition

Appeal upheld; application dismissed; costs awarded to appellants including costs of two counsel.

Orders

  • The appeal is upheld with costs including the costs of two counsel.
  • The order of the court a quo is set aside and substituted with: (a) The application is dismissed. (b) The second applicant is directed to pay the costs of the application including the costs of two counsel. (c) The second applicant is directed to pay the costs reserved on 23 December 2014.