Masilela and Others v Vilane and Others (78213/14) [2014] ZAGPPHC 983 (17 November 2014)

Masilela and Others v Vilane and Others (78213/14) [2014] ZAGPPHC 983 (17 November 2014)

The court found that the applicants failed to disclose material facts in their ex parte application, including the respondents' valid election and proper financial reporting. The applicants' allegations were contradicted by their own evidence and the respondents' documentation. The respondents were unlawfully evicted from LOTA offices, and the applicants abused the court process by misleading the court and seeking relief by stealth. Applying the Plascon-Evans test, the matter was determined on the respondents' version. The applicants did not establish a cause of action for removal of the respondents or for control of LOTA's affairs. The respondents were entitled to restoration of...

Citation
[2014] ZAGPPHC 983
Parties
Applicant: Agatha Hilda Masilela; Applicant: J.F Masinga; Applicant: Elias Siyo Maphaka; Applicant: Norman W. Mokoni; Applicant: Moss Masango; Applicant: William T. Moloto; Applicant: J. Sedibe; Applicant: Jobana Jan Shabangu; Applicant: D. Mabena; Applicant: J.B Mthombeni; Applicant: Sipho Mngomezulu; Applicant: Jabu Mdhluli; Applicant: Local Taxi Association; Respondent: Solly Vilane (Chairman); Respondent: Jeaneth Thoko Siwela (Deputy Chairperson); Respondent: T.P Gwala (Secretary); Respondent: N.V. Sibiya (Deputy Secretary); Respondent: Willies Motsamayi Molapo (Treasurer); Respondent: Sam Oupa Skhosana; Respondent: Kensley V. Nkabinde; Respondent: Cleopers Mogamedi (Training Officer); Respondent: Dantshi Mahlangu (Grievance Chairman); Respondent: Sam S. Mahlangu (Disciplinary Commissioner); Respondent: Nedbank Manager (Saveway Complex); Respondent: FNB Manager (Saveway Complex)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 November 2014
Case Number
78213/14
Procedural Posture
Urgent Application / Final Judgment on Main and Counter Application
Outcome
Applicants' main application dismissed with costs on attorney and client scale; respondents' counter application granted.
Judges
Matojane
Legal Topics
Ex Parte Orders, Interim Relief, Restoration of Possession, Punitive Costs, Association Governance
Civil Procedure Commercial and Corporate Ex Parte Orders Interim Relief Restoration of Possession Punitive Costs Association Governance

Case Brief

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Parties

Agatha Hilda Masilela

Applicant

J.F Masinga

Applicant

Elias Siyo Maphaka

Applicant

Norman W. Mokoni

Applicant

Moss Masango

Applicant

William T. Moloto

Applicant

J. Sedibe

Applicant

Jobana Jan Shabangu

Applicant

D. Mabena

Applicant

J.B Mthombeni

Applicant

Sipho Mngomezulu

Applicant

Jabu Mdhluli

Applicant

Local Taxi Association

Applicant

Solly Vilane (Chairman)

Respondent

Jeaneth Thoko Siwela (Deputy Chairperson)

Respondent

T.P Gwala (Secretary)

Respondent

N.V. Sibiya (Deputy Secretary)

Respondent

Willies Motsamayi Molapo (Treasurer)

Respondent

Sam Oupa Skhosana

Respondent

Kensley V. Nkabinde

Respondent

Cleopers Mogamedi (Training Officer)

Respondent

Dantshi Mahlangu (Grievance Chairman)

Respondent

Sam S. Mahlangu (Disciplinary Commissioner)

Respondent

Nedbank Manager (Saveway Complex)

Respondent

FNB Manager (Saveway Complex)

Respondent

Procedural Posture

Urgent Application / Final Judgment on Main and Counter Application

Legal Issues

  1. 1 Whether the applicants were entitled to ex parte interim relief removing the respondents from office and taking control of LOTA.
  2. 2 Whether the respondents were lawfully in possession of LOTA offices and entitled to restoration of possession.
  3. 3 Whether the applicants abused court process and misled the court.

Ratio Decidendi

The court found that the applicants failed to disclose material facts in their ex parte application, including the respondents' valid election and proper financial reporting. The applicants' allegations were contradicted by their own evidence and the respondents' documentation. The respondents were unlawfully evicted from LOTA offices, and the applicants abused the court process by misleading the court and seeking relief by stealth. Applying the Plascon-Evans test, the matter was determined on the respondents' version. The applicants did not establish a cause of action for removal of the respondents or for control of LOTA's affairs. The respondents were entitled to restoration of...

Court Disposition

Applicants' main application dismissed with costs on attorney and client scale; respondents' counter application granted.

Orders

  • The ex parte order of Molefe J granted on 24 October 2014 is set aside and the rule nisi is discharged.
  • The applicants' main application is dismissed with costs, including reserved costs on an attorney and client scale.