MG Radebe & others v Mathulini Communal Property Association & others (LCC 267/2017F) [2021] ZALCC 5 (13 April 2021)

MG Radebe & others v Mathulini Communal Property Association & others (LCC 267/2017F) [2021] ZALCC 5 (13 April 2021)

The court found that the AGM of Mathulini Communal Property Association was indeed held on 6 December 2017, as evidenced by affidavits, minutes, and attendance registers, and confirmed by previous judgments. The notice for the AGM was valid and issued in compliance with the constitution, and a quorum was present. The applicants' contentions regarding procedural defects were found to be untruthful and mala fide. The election of committee members at the AGM was lawful, and the termination of Mr Radebe and others' membership was valid, as it followed a misconduct hearing and was not subject to review in this application. The prayers to declare the committee positions vacant and to call a new...

Citation
[2021] ZALCC 5
Parties
Applicant: Mandlekonsi General Radebe; Applicant: Bheki Ephraim Mlita; Applicant: Ntuthuko Trevor Ngobese; Applicant: Ncamisile Princess Zindela; Applicant: Bonginkosi Merrimen Xulu; Applicant: Sinengwe Cyprian Sithole; Applicant: Zona Margaret Machi; Applicant: Fikisile Joyce Makhathini; Applicant: Simphiwe Mansuet Mgcece; Applicant: Mlondi Clive Msane; Respondent: Mathulini Communal Property Association; Respondent: Inkosi Bhekizizwe Nivard Luthuli; Respondent: Alpheus Zakhele Mlotshwa; Respondent: Busisiwe Benedicto Luthuli; Respondent: Nobuhle Portia Mbili; Respondent: PG Shezi; Respondent: Nana Isabel Ngcobo; Respondent: Nokulunga A Mteshane; Respondent: Mosheli Lawrence Mnganga; Respondent: Ntombifuthi Ndlovu; Respondent: BM Mzelemu; Respondent: Michael Ngcobo; Respondent: Minister of Rural Development and Land Reform; Respondent: Director General: Land Affairs; Respondent: Regional Land Claims Commissioner, KwaZulu-Natal; Respondent: Chief Land Claims Commissioner; Respondent: Commission on Restitution of Land Rights; Respondent: First Rand Bank Limited t/a First National Bank
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
13 April 2021
Case Number
LCC 267/2017F
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed with costs on an attorney and client scale.
Judges
Potterill
Legal Topics
Communal Property Association, Agm Validity, Committee Election, Authority to Act, Costs Award
Land and Property Civil Procedure Communal Property Association Agm Validity Committee Election Authority to Act Costs Award

Case Brief

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Parties

Mandlekonsi General Radebe

Applicant

Bheki Ephraim Mlita

Applicant

Ntuthuko Trevor Ngobese

Applicant

Ncamisile Princess Zindela

Applicant

Bonginkosi Merrimen Xulu

Applicant

Sinengwe Cyprian Sithole

Applicant

Zona Margaret Machi

Applicant

Fikisile Joyce Makhathini

Applicant

Simphiwe Mansuet Mgcece

Applicant

Mlondi Clive Msane

Applicant

Mathulini Communal Property Association

Respondent

Inkosi Bhekizizwe Nivard Luthuli

Respondent

Alpheus Zakhele Mlotshwa

Respondent

Busisiwe Benedicto Luthuli

Respondent

Nobuhle Portia Mbili

Respondent

PG Shezi

Respondent

Nana Isabel Ngcobo

Respondent

Nokulunga A Mteshane

Respondent

Mosheli Lawrence Mnganga

Respondent

Ntombifuthi Ndlovu

Respondent

BM Mzelemu

Respondent

Michael Ngcobo

Respondent

Minister of Rural Development and Land Reform

Respondent

Director General: Land Affairs

Respondent

Regional Land Claims Commissioner, KwaZulu-Natal

Respondent

Chief Land Claims Commissioner

Respondent

Commission on Restitution of Land Rights

Respondent

First Rand Bank Limited t/a First National Bank

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the Annual General Meeting (AGM) of Mathulini Communal Property Association was held on 6 December 2017.
  2. 2 Whether the AGM held on 6 December 2017 was unlawful and/or invalid and should be set aside.
  3. 3 Whether the election of the Second to Thirteenth Respondents to the committee was unlawful or invalid.

Ratio Decidendi

The court found that the AGM of Mathulini Communal Property Association was indeed held on 6 December 2017, as evidenced by affidavits, minutes, and attendance registers, and confirmed by previous judgments. The notice for the AGM was valid and issued in compliance with the constitution, and a quorum was present. The applicants' contentions regarding procedural defects were found to be untruthful and mala fide. The election of committee members at the AGM was lawful, and the termination of Mr Radebe and others' membership was valid, as it followed a misconduct hearing and was not subject to review in this application. The prayers to declare the committee positions vacant and to call a new...

Court Disposition

Application dismissed with costs on an attorney and client scale.

Orders

  • The application is dismissed.
  • Costs are awarded against the applicants on an attorney and client scale.