Mathabathe v Emfuleni Local Municipality and Others (J 511/2013) [2013] ZALCJHB 45 (15 March 2013)

Mathabathe v Emfuleni Local Municipality and Others (J 511/2013) [2013] ZALCJHB 45 (15 March 2013)

The applicant failed to establish a clear right to attend the Municipal Finance Management Programme course, either in terms of the Municipal Finance Management Act or any other instrument. Her founding papers did not set out facts placing her within the contemplation of section 83, and she attempted to supplement her case in reply, which is impermissible. The evidence showed that she did not have approval to attend the course and misled officials regarding her permission. The requirements for a final interdict were not met, and the applicant was not candid in her approach to the court. The application was ill-conceived and vexatious, warranting punitive costs.

Citation
[2013] ZALCJHB 45
Parties
Applicant: Mathabathe Pauline Koketso; Respondent: Emfuleni Local Municipality; Respondent: Masite Jane Sedie; Respondent: Shabalala Sam
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 March 2013
Case Number
J 511/2013
Procedural Posture
Urgent Application / Final Hearing on Rule Nisi Discharge
Outcome
Application dismissed; rule nisi discharged; costs awarded against applicant on attorney and own client scale.
Judges
Moshoana
Legal Topics
Final Interdict, Urgent Interdict, Municipal Finance Management Act, Clear Right Requirement, Alternative Remedy
Labour Law Civil Procedure Final Interdict Urgent Interdict Municipal Finance Management Act Clear Right Requirement Alternative Remedy

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Parties

Mathabathe Pauline Koketso

Applicant

Emfuleni Local Municipality

Respondent

Masite Jane Sedie

Respondent

Shabalala Sam

Respondent

Procedural Posture

Urgent Application / Final Hearing on Rule Nisi Discharge

Legal Issues

  1. 1 Whether the applicant had a clear right to attend the Municipal Finance Management Programme course.
  2. 2 Whether the withdrawal of the applicant from the course was unlawful and arbitrary.
  3. 3 Whether the requirements for a final interdict were satisfied.

Ratio Decidendi

The applicant failed to establish a clear right to attend the Municipal Finance Management Programme course, either in terms of the Municipal Finance Management Act or any other instrument. Her founding papers did not set out facts placing her within the contemplation of section 83, and she attempted to supplement her case in reply, which is impermissible. The evidence showed that she did not have approval to attend the course and misled officials regarding her permission. The requirements for a final interdict were not met, and the applicant was not candid in her approach to the court. The application was ill-conceived and vexatious, warranting punitive costs.

Court Disposition

Application dismissed; rule nisi discharged; costs awarded against applicant on attorney and own client scale.

Orders

  • The rule issued on 12 March 2013 is hereby discharged.
  • The applicant is to pay the respondents’ costs on attorney and own client scale.