Mgwenya NO and Others v Kruger and Another (1060/16) [2017] ZASCA 102 (6 September 2017)

Mgwenya NO and Others v Kruger and Another (1060/16) [2017] ZASCA 102 (6 September 2017)

The court held that, due to the death of the first respondent, there were no live issues remaining between the parties and any decision on appeal would have no practical effect or result. The appellants' argument that the costs orders constituted exceptional circumstances was rejected, as costs alone do not meet the threshold required by section 16(2)(a)(ii) of the Superior Courts Act. The circumstances of the case were not comparable to those in Oudebaaskraal, where exceptional circumstances were found. The appeal was therefore dismissed on the ground that it was moot and did not warrant consideration of costs.

Citation
[2017] ZASCA 102
Parties
Appellant: V N Mgwenya NO; Appellant: S P Smit NO; Appellant: G J August NO; Appellant: AFM Church of South Africa; Respondent: Vernon Xavier Kruger; Respondent: Governing Body of the Danville Assembly of the AFM of SA
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
6 September 2017
Case Number
1060/16
Procedural Posture
Civil Appeal / Appeal From Full Court of North West Division, High Court
Outcome
Appeal dismissed with costs.
Judges
Shongwe, Bosielo, Majiedt, Mokgohloa, Fourie
Legal Topics
Practical Effect of Appeal, Exceptional Circumstances, Costs on Appeal, Superior Courts Act, Mootness
Civil Procedure Practical Effect of Appeal Exceptional Circumstances Costs on Appeal Superior Courts Act Mootness

Case Brief

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Parties

V N Mgwenya NO

Appellant

S P Smit NO

Appellant

G J August NO

Appellant

AFM Church of South Africa

Appellant

Vernon Xavier Kruger

Respondent

Governing Body of the Danville Assembly of the AFM of SA

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Court of North West Division, High Court

Legal Issues

  1. 1 Whether the appeal would have any practical effect or result within the meaning of section 16(2)(a)(i) of the Superior Courts Act.
  2. 2 Whether exceptional circumstances exist to justify consideration of costs under section 16(2)(a)(ii) of the Superior Courts Act.
  3. 3 Whether the appeal should be dismissed as moot due to the death of the first respondent.

Ratio Decidendi

The court held that, due to the death of the first respondent, there were no live issues remaining between the parties and any decision on appeal would have no practical effect or result. The appellants' argument that the costs orders constituted exceptional circumstances was rejected, as costs alone do not meet the threshold required by section 16(2)(a)(ii) of the Superior Courts Act. The circumstances of the case were not comparable to those in Oudebaaskraal, where exceptional circumstances were found. The appeal was therefore dismissed on the ground that it was moot and did not warrant consideration of costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.