Mashitiso and Another v Matome and Others (7634/2019) [2020] ZALMPPHC 53 (7 July 2020)

Mashitiso and Another v Matome and Others (7634/2019) [2020] ZALMPPHC 53 (7 July 2020)

The court found that the first applicant was not a member or beneficiary of the second applicant at the time of instituting the application, as his name did not appear on the verified membership list and he conceded this fact. His appointment as chairperson was therefore unlawful and invalid. The application was not based on a challenge to a right in chapter 2 of the Constitution, rendering section 38 inapplicable. The applicants failed to establish locus standi in their founding affidavit, and the court upheld the respondents' point in limine. As this point disposed of the matter, the court did not address the remaining preliminary objections. The interim relief previously granted was...

Citation
[2020] ZALMPPHC 53
Parties
Applicant: Mashitiso Malesela William; Applicant: Machabaphala Communal Property Association; Respondent: Machabaphala Oupa Matome; Respondent: Machabaphala Charoline; Respondent: Jacky Kwetepane; Respondent: First National Bank Ltd; Respondent: Machaka Traditional Council; Respondent: Minister of Agriculture, Land Reform and Rural Development
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
7 July 2020
Case Number
7634/2019
Procedural Posture
Urgent Application / Interim Interdict and Points in Limine
Outcome
Application dismissed with costs; interim relief discharged.
Judges
KGANYAGO
Legal Topics
Locus Standi, Community Property Association, Interim Interdict, Urgent Application, Constitution of Association
Land and Property Civil Procedure Locus Standi Community Property Association Interim Interdict Urgent Application Constitution of Association

Case Brief

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Parties

Mashitiso Malesela William

Applicant

Machabaphala Communal Property Association

Applicant

Machabaphala Oupa Matome

Respondent

Machabaphala Charoline

Respondent

Jacky Kwetepane

Respondent

First National Bank Ltd

Respondent

Machaka Traditional Council

Respondent

Minister of Agriculture, Land Reform and Rural Development

Respondent

Procedural Posture

Urgent Application / Interim Interdict and Points in Limine

Legal Issues

  1. 1 Whether the first applicant had locus standi to represent the second applicant in instituting the application.
  2. 2 Whether the interim relief granted should be discharged based on lack of standing.
  3. 3 Whether section 38 of the Constitution applies to the applicants' standing.

Ratio Decidendi

The court found that the first applicant was not a member or beneficiary of the second applicant at the time of instituting the application, as his name did not appear on the verified membership list and he conceded this fact. His appointment as chairperson was therefore unlawful and invalid. The application was not based on a challenge to a right in chapter 2 of the Constitution, rendering section 38 inapplicable. The applicants failed to establish locus standi in their founding affidavit, and the court upheld the respondents' point in limine. As this point disposed of the matter, the court did not address the remaining preliminary objections. The interim relief previously granted was...

Court Disposition

Application dismissed with costs; interim relief discharged.

Orders

  • The respondents' point in limine of locus standi is upheld.
  • The interim relief granted on 8th and 26th November 2019 is discharged.