Mbizana Development Forum v Minister of Justice and Constitutional Development and Others (1256/13) [2013] ZAECMHC 8 (13 June 2013)

Mbizana Development Forum v Minister of Justice and Constitutional Development and Others (1256/13) [2013] ZAECMHC 8 (13 June 2013)

The court found that the applicant failed to establish any grounds for urgent adjudication. There was a significant delay between the appointment of trustees and the launch of the application, with no satisfactory explanation provided. The allegations of mismanagement related to a period before the appointment of trustees and did not justify urgency. The applicant did not comply with procedural requirements for urgent applications, including stipulating time periods for opposition and providing justification for deviation from ordinary procedures. The filing of a certificate of urgency and the judge's direction to enroll the matter did not, in themselves, establish urgency. Consequently,...

Citation
[2013] ZAECMHC 8
Parties
Applicant: Mbizana Development Forum; Respondent: Minister of Justice and Constitutional Development; Respondent: Master of the High Court Pietermaritzburg; Respondent: Eastern Cape Gambling and Betting Board; Respondent: Nookugcina Ngcane Madikizela-Renene; Respondent: Zamile David Qunya; Respondent: Mary Monica Xolokazi Macoba; Respondent: Elias Elton Ogle; Respondent: Lubabalo Vincent Bulala; Respondent: Eugenia Zodwa Langazana; Respondent: Sandiso Wilton Mvundla; Respondent: Transkei Sun International (Pty) Ltd; Respondent: Mbizana Community SPV (Pty) Ltd; Respondent: Standard Bank of South Africa
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
13 June 2013
Case Number
1256/13
Procedural Posture
Urgent Application / Application to Strike Matter From Roll for Lack of Urgency
Outcome
Application struck off the roll for lack of urgency; costs awarded against applicant.
Judges
G Goosen
Legal Topics
Urgency in Motion Court, Joinder of Parties, Review of Administrative Action, Appointment of Trustees
Civil Procedure Administrative Law Urgency in Motion Court Joinder of Parties Review of Administrative Action Appointment of Trustees

Case Brief

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Parties

Mbizana Development Forum

Applicant

Minister of Justice and Constitutional Development

Respondent

Master of the High Court Pietermaritzburg

Respondent

Eastern Cape Gambling and Betting Board

Respondent

Nookugcina Ngcane Madikizela-Renene

Respondent

Zamile David Qunya

Respondent

Mary Monica Xolokazi Macoba

Respondent

Elias Elton Ogle

Respondent

Lubabalo Vincent Bulala

Respondent

Eugenia Zodwa Langazana

Respondent

Sandiso Wilton Mvundla

Respondent

Transkei Sun International (Pty) Ltd

Respondent

Mbizana Community SPV (Pty) Ltd

Respondent

Standard Bank of South Africa

Respondent

Procedural Posture

Urgent Application / Application to Strike Matter From Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application was urgent and warranted deviation from ordinary court procedures.
  2. 2 Whether the applicant provided sufficient grounds for urgent relief.
  3. 3 Whether non-joinder of the Trust was material to the proceedings.

Ratio Decidendi

The court found that the applicant failed to establish any grounds for urgent adjudication. There was a significant delay between the appointment of trustees and the launch of the application, with no satisfactory explanation provided. The allegations of mismanagement related to a period before the appointment of trustees and did not justify urgency. The applicant did not comply with procedural requirements for urgent applications, including stipulating time periods for opposition and providing justification for deviation from ordinary procedures. The filing of a certificate of urgency and the judge's direction to enroll the matter did not, in themselves, establish urgency. Consequently,...

Court Disposition

Application struck off the roll for lack of urgency; costs awarded against applicant.

Orders

  • The application is struck off the roll.
  • The applicant is ordered to pay the respondents’ costs occasioned by the enrolment and hearing of the application on 6 June 2013.