Metsimaholo Local Municipality v Muller N.O and Others (2027/2020) [2021] ZAFSHC 33 (16 February 2021)

Metsimaholo Local Municipality v Muller N.O and Others (2027/2020) [2021] ZAFSHC 33 (16 February 2021)

The court held that both the Member of the Executive Council for Co-Operative Governance, Traditional Affairs and Human Settlements of the Free State Province and the Municipal Manager(s) at the time the agreements were entered into are necessary parties to the review application. Their involvement is central to the...

Source-derived case information.

Citation
[2021] ZAFSHC 33
Parties
Applicant: Metsimaholo Local Municipality; Respondent: Helgardt Muller N.O.; Respondent: Eheila Martina Hendrika Muller N.O.; Respondent: Krugersdorp Boedels en Testament (Pty) Ltd N.O.; Respondent: Sheriff Sasolburg
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
16 February 2021
Case Number
2027/2020
Procedural Posture
Review Application / Application for Review and Interlocutory Stay Pending Joinder
Outcome
Proceedings stayed pending joinder of the Member of the Executive Council and Municipal Manager(s); each party to bear its own costs for the non-joinder proceedings.
Judges
Molitsoane, Opperman
Legal Topics
Joinder of Parties, Municipal Contracts, Legality Review, Delay in Review, Arbitration Award Enforcement
Administrative Law Civil Procedure Joinder of Parties Municipal Contracts Legality Review Delay in Review Arbitration Award Enforcement

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Parties

Metsimaholo Local Municipality

Applicant

Helgardt Muller N.O.

Respondent

Eheila Martina Hendrika Muller N.O.

Respondent

Krugersdorp Boedels en Testament (Pty) Ltd N.O.

Respondent

Sheriff Sasolburg

Respondent

Procedural Posture

Review Application / Application for Review and Interlocutory Stay Pending Joinder

Legal Issues

  1. 1 Whether the Member of the Executive Council and the Municipal Manager(s) are necessary parties to the review application and must be joined.
  2. 2 Whether the agreements entered into by the Municipality and the Trust are invalid due to non-compliance with procurement legislation and municipal policies.
  3. 3 Whether the delay in bringing the review application should be condoned.

Ratio Decidendi

The court held that both the Member of the Executive Council for Co-Operative Governance, Traditional Affairs and Human Settlements of the Free State Province and the Municipal Manager(s) at the time the agreements were entered into are necessary parties to the review application. Their involvement is central to the legality of the agreements and any relief granted would directly affect their interests. The court rejected the applicant's argument that non-joinder must be pleaded and found that the court may raise non-joinder mero motu. The proceedings are stayed pending joinder of these parties, and each party is to bear its own costs for the non-joinder proceedings.

Court Disposition

Proceedings stayed pending joinder of the Member of the Executive Council and Municipal Manager(s); each party to bear its own costs for the non-joinder proceedings.

Orders

  • Further proceedings in the application are stayed until the applicant has effected the joinder of the Member of the Executive Council: Co-Operative Governance, Traditional Affairs and Human Settlements of the Free State Province and the Municipal Manager(s) at the time the agreements were entered into and under...
  • Each party will carry their own costs for the non-joinder proceedings.