Mmakoena v Matome and Others (CIV APP MG 07/23) [2024] ZANWHC 90 (22 January 2024)

Mmakoena v Matome and Others (CIV APP MG 07/23) [2024] ZANWHC 90 (22 January 2024)

The High Court found that the Magistrate erred by removing the eviction application from the roll in both judgments, instead of dismissing it after upholding the points in limine. The Magistrate’s finding of functus officio was not inconsistent with his procedural management of the roll, but the orders given were incompetent as the facts required dismissal of the application. The appellant had locus standi based on the Letters of Authority, but failed to make out a proper case for eviction. The court clarified that the Oudekraal principle does not require courts to enforce unlawful administrative acts. The appeal was upheld, the Magistrate’s orders set aside, and the application dismissed...

Citation
[2024] ZANWHC 90
Parties
Appellant: Mmakoena Malven Phaho; Respondent: Matome Given Supe; Respondent: All Unknown Illegal Occupants; Respondent: Tshwane Local Municipality
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
22 January 2024
Case Number
CIV APP MG 07/23
Procedural Posture
Civil Appeal / Appeal From Madibeng District Court to High Court Under Rule 51 of Magistrates’ Court Rules
Outcome
Appeal upheld. Magistrate’s orders set aside. Application dismissed with costs.
Judges
Mfenyana, Morgan
Legal Topics
Eviction Application, Locus Standi, Letter of Authority, Functus Officio, Points in Limine
Land and Property Civil Procedure Eviction Application Locus Standi Letter of Authority Functus Officio Points in Limine

Case Brief

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Parties

Mmakoena Malven Phaho

Appellant

Matome Given Supe

Respondent

All Unknown Illegal Occupants

Respondent

Tshwane Local Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal From Madibeng District Court to High Court Under Rule 51 of Magistrates’ Court Rules

Legal Issues

  1. 1 Whether the Magistrate erred in removing the eviction application from the roll.
  2. 2 Whether the Magistrate was functus officio after the first judgment.
  3. 3 Whether the appellant had locus standi to bring the eviction application.

Ratio Decidendi

The High Court found that the Magistrate erred by removing the eviction application from the roll in both judgments, instead of dismissing it after upholding the points in limine. The Magistrate’s finding of functus officio was not inconsistent with his procedural management of the roll, but the orders given were incompetent as the facts required dismissal of the application. The appellant had locus standi based on the Letters of Authority, but failed to make out a proper case for eviction. The court clarified that the Oudekraal principle does not require courts to enforce unlawful administrative acts. The appeal was upheld, the Magistrate’s orders set aside, and the application dismissed...

Court Disposition

Appeal upheld. Magistrate’s orders set aside. Application dismissed with costs.

Orders

  • The appeal is upheld.
  • The orders of the Magistrate removing the matter from the roll in both judgments are set aside.