Mdletshe and Another v Youtube Channel and Another (2022-035571) [2023] ZAGPJHC 935 (22 August 2023)

Mdletshe and Another v Youtube Channel and Another (2022-035571) [2023] ZAGPJHC 935 (22 August 2023)

The court found that the applicants had discharged the onus of proving, on a balance of probabilities, both exceptional circumstances and irreparable harm as required by section 18(3) of the Superior Courts Act. The applicants demonstrated that the respondent's actions in issuing take-down notices on YouTube and other digital streaming platforms directly impacted their ability to earn income, which, once lost, could not be recovered. The court rejected the respondent's argument that the existence of alternative platforms negated irreparable harm, noting that the interim order protected the applicants' rights across multiple platforms, not just YouTube. The applicants' lack of financial...

Citation
[2023] ZAGPJHC 935
Parties
Applicant: Ndumiso Siyabulela Mdletshe; Applicant: Siphelele Mbongi Dunywa; Respondent: Youtube Channel; Respondent: Ambitious Group (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 August 2023
Case Number
2022-035571
Procedural Posture
Urgent Application / Section 18 Application Following Interim Interdict; Application for Leave to Appeal Pending
Outcome
Application granted. The operation and execution of the judgment and order are not suspended pending appeal. Costs awarded to the applicants, but not on a punitive scale.
Judges
B.C. Wanless
Legal Topics
Interim Interdict, Section 18 Application, Irreparable Harm, Exceptional Circumstances, Copyright Dispute, Digital Streaming Platforms
Civil Procedure Commercial and Corporate Interim Interdict Section 18 Application Irreparable Harm Exceptional Circumstances Copyright Dispute Digital Streaming Platforms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Ndumiso Siyabulela Mdletshe

Applicant

Siphelele Mbongi Dunywa

Applicant

Youtube Channel

Respondent

Ambitious Group (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Section 18 Application Following Interim Interdict; Application for Leave to Appeal Pending

Legal Issues

  1. 1 Whether the applicants have established exceptional circumstances justifying the operation and execution of the interim order pending appeal.
  2. 2 Whether the applicants will suffer irreparable harm if the interim order is suspended.
  3. 3 Whether the respondent will suffer irreparable harm if the interim order is not suspended.

Ratio Decidendi

The court found that the applicants had discharged the onus of proving, on a balance of probabilities, both exceptional circumstances and irreparable harm as required by section 18(3) of the Superior Courts Act. The applicants demonstrated that the respondent's actions in issuing take-down notices on YouTube and other digital streaming platforms directly impacted their ability to earn income, which, once lost, could not be recovered. The court rejected the respondent's argument that the existence of alternative platforms negated irreparable harm, noting that the interim order protected the applicants' rights across multiple platforms, not just YouTube. The applicants' lack of financial...

Court Disposition

Application granted. The operation and execution of the judgment and order are not suspended pending appeal. Costs awarded to the applicants, but not on a punitive scale.

Orders

  • In terms of subsection 18(1), read with subsection 18(3), of the Superior Courts Act, Act 10 of 2013, the operation and execution of the judgment and order of this Court under case number 2022/035571, dated 12 June 2023 and revised on 23 June 2023, shall not be suspended pending a decision on the Second Respondent's...
  • The Second Respondent is ordered to pay the costs of this application, including the costs of Senior Counsel.