Mathabatha v Kgomeswana and Others - Review (REV142/23) [2023] ZALMPPHC 96 (16 October 2023)

Mathabatha v Kgomeswana and Others - Review (REV142/23) [2023] ZALMPPHC 96 (16 October 2023)

The court found that the Acting Magistrate did not merely correct a patent error but altered his judgment and the legal consequences thereof. The initial order struck the matter off the roll, which does not dispose of the merits, while the subsequent written reasons dismissed the application and referred the parties to the Senior Royal House. This alteration exceeded the Magistrate's statutory powers under Section 36 of the Magistrate's Court Act and constituted an irregularity. The absence of a proper record further compounded the irregularity. Accordingly, both orders issued by the Magistrate were reviewed and set aside, and the matter was referred back to the Magistrate's Court to be...

Citation
[2023] ZALMPPHC 96
Parties
Applicant: Mathabatha Malegodi David; Respondent: Kgomeswana Mogomane; Respondent: Nkosi Lafata; Respondent: Thobejane Makwadinga; Respondent: Chidi Silas; Respondent: Lehlaleroa Thotogelo; Respondent: Mathabatha Walter
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
16 October 2023
Case Number
REV142/23
Procedural Posture
Review Application / Special Review of Magistrate's Proceedings
Outcome
Proceedings and both orders issued by the Magistrate are reviewed and set aside; matter referred back for hearing de novo before another presiding officer.
Judges
M. Naude-Odendaal, K. Pillay
Legal Topics
Review of Magistrates Orders, Patent Error Correction, Striking Off Vs Dismissal, Ultra Vires Action
Civil Procedure Review of Magistrates Orders Patent Error Correction Striking Off Vs Dismissal Ultra Vires Action

Case Brief

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Parties

Mathabatha Malegodi David

Applicant

Kgomeswana Mogomane

Respondent

Nkosi Lafata

Respondent

Thobejane Makwadinga

Respondent

Chidi Silas

Respondent

Lehlaleroa Thotogelo

Respondent

Mathabatha Walter

Respondent

Procedural Posture

Review Application / Special Review of Magistrate's Proceedings

Legal Issues

  1. 1 Whether the Acting Magistrate was entitled to alter his order from striking the matter off the roll to dismissing the application.
  2. 2 Whether the Magistrate's actions constituted a correction of a patent error or an ultra vires alteration of judgment.
  3. 3 Whether both orders issued by the Magistrate should be reviewed and set aside.

Ratio Decidendi

The court found that the Acting Magistrate did not merely correct a patent error but altered his judgment and the legal consequences thereof. The initial order struck the matter off the roll, which does not dispose of the merits, while the subsequent written reasons dismissed the application and referred the parties to the Senior Royal House. This alteration exceeded the Magistrate's statutory powers under Section 36 of the Magistrate's Court Act and constituted an irregularity. The absence of a proper record further compounded the irregularity. Accordingly, both orders issued by the Magistrate were reviewed and set aside, and the matter was referred back to the Magistrate's Court to be...

Court Disposition

Proceedings and both orders issued by the Magistrate are reviewed and set aside; matter referred back for hearing de novo before another presiding officer.

Orders

  • The proceedings and both orders issued under Case Number 166/2023 in the Magistrate's Court for the District of Lepelle-Nkumpi, held at Lebowakgomo, are reviewed and set aside.
  • The matter is referred back to the Magistrate's Court, Lebowakgomo, to be heard de novo before another presiding officer.