Masizenzele Primary Co-Operative Ltd and Others v King Sabata Dalindyebo Local Secondary Co-Operative Ltd and Others (1178/2009) [2015] ZAECMHC 2 (29 January 2015)

Masizenzele Primary Co-Operative Ltd and Others v King Sabata Dalindyebo Local Secondary Co-Operative Ltd and Others (1178/2009) [2015] ZAECMHC 2 (29 January 2015)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The judgment did not render Miller J's previous order meaningless, as the respondents in the two matters were not the same and fresh elections had been held following Miller J's order. The applicants' challenge to the validity of the board election meeting was not supported by credible evidence, and the alleged dispute regarding the meeting did not amount to a genuine dispute of fact. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2015] ZAECMHC 2
Parties
Applicant: Masizenzele Primary Co-Operative Ltd; Applicant: Uncedo Primary Co-Operative Ltd; Applicant: Laphumikhwezi Primary Co-Operative Ltd; Applicant: Nceduluntu Primary Co-Operative Ltd; Applicant: Ithemba Primary Co-Operative Ltd; Applicant: Siyabulela Primary Co-Operative Ltd; Applicant: Ukukhanya Primary Co-Operative Ltd; Applicant: Kuyalunga Primary Co-Operative Ltd; Applicant: Zolile Primary Co-Operative Ltd; Applicant: Xolani Primary Co-Operative Ltd; Applicant: Mkate Trading Enterprise CC; Applicant: Iris Nonkosinathi Mbodlela; Applicant: Bennett Pumelele Banzana; Applicant: Qangule Sikholiwe; Applicant: Nothemba Theodora September; Applicant: Andile Manyifolo; Applicant: Mbana Livi; Applicant: Nokweli Thulani; Respondent: King Sabata Dalindyebo Local Secondary Co-Operative Ltd; Respondent: Cross Bar Border Agencies t/a Amandla Foods Commodity Suppliers; Respondent: Member of the Executive Council for the Department of Education, Eastern Cape
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
29 January 2015
Case Number
1178/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
N G Beshe
Legal Topics
Leave to Appeal, Costs Order, Board Election Dispute
Civil Procedure Leave to Appeal Costs Order Board Election Dispute

Case Brief

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Parties

Masizenzele Primary Co-Operative Ltd

Applicant

Uncedo Primary Co-Operative Ltd

Applicant

Laphumikhwezi Primary Co-Operative Ltd

Applicant

Nceduluntu Primary Co-Operative Ltd

Applicant

Ithemba Primary Co-Operative Ltd

Applicant

Siyabulela Primary Co-Operative Ltd

Applicant

Ukukhanya Primary Co-Operative Ltd

Applicant

Kuyalunga Primary Co-Operative Ltd

Applicant

Zolile Primary Co-Operative Ltd

Applicant

Xolani Primary Co-Operative Ltd

Applicant

Mkate Trading Enterprise CC

Applicant

Iris Nonkosinathi Mbodlela

Applicant

Bennett Pumelele Banzana

Applicant

Qangule Sikholiwe

Applicant

Nothemba Theodora September

Applicant

Andile Manyifolo

Applicant

Mbana Livi

Applicant

Nokweli Thulani

Applicant

King Sabata Dalindyebo Local Secondary Co-Operative Ltd

Respondent

Cross Bar Border Agencies t/a Amandla Foods Commodity Suppliers

Respondent

Member of the Executive Council for the Department of Education, Eastern Cape

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the dismissal of their application.
  2. 2 Whether the judgment rendered by Beshe J renders Miller J's previous order meaningless.
  3. 3 Whether there is a genuine dispute regarding the validity of the board election meeting.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The judgment did not render Miller J's previous order meaningless, as the respondents in the two matters were not the same and fresh elections had been held following Miller J's order. The applicants' challenge to the validity of the board election meeting was not supported by credible evidence, and the alleged dispute regarding the meeting did not amount to a genuine dispute of fact. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.