Moela and Others v Phasha and Others (915/2018) [2019] ZALMPPHC 17 (30 April 2019)

Moela and Others v Phasha and Others (915/2018) [2019] ZALMPPHC 17 (30 April 2019)

The court found that the applicants, as members of the Roka-Makgalanoto traditional community and alleged beneficiaries of the trust, have a direct and substantial interest in the outcome of the main application. Their intervention is necessary to avoid the risk of irreconcilable orders and to ensure their rights are not prejudicially affected. The respondents' points in limine regarding procedure and PAIA are premature and irrelevant to the determination of the intervention application. Accordingly, the applicants have locus standi and the respondents' preliminary objections must fail.

Citation
[2019] ZALMPPHC 17
Parties
Applicant: Caster Mpatsakgomo Moela and 34 Others; Respondent: Mathope Jackson Phasha and 13 Others
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
30 April 2019
Case Number
915/2018
Procedural Posture
Intervention Application / Application for Intervention as Co Applicants in Main Proceedings
Outcome
Application for intervention granted; respondents' points in limine dismissed with costs.
Judges
FM Kganyago
Legal Topics
Joinder of Parties, Locus Standi, Direct and Substantial Interest
Civil Procedure Joinder of Parties Locus Standi Direct and Substantial Interest

Case Brief

Summary, issues, holding and outcome

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Parties

Caster Mpatsakgomo Moela and 34 Others

Applicant

Mathope Jackson Phasha and 13 Others

Respondent

Procedural Posture

Intervention Application / Application for Intervention as Co Applicants in Main Proceedings

Legal Issues

  1. 1 Whether the applicants have a direct and substantial interest in the main application warranting intervention.
  2. 2 Whether the applicants possess locus standi to intervene as co-applicants.
  3. 3 Whether the respondents' points in limine regarding procedure and PAIA are relevant to the intervention application.

Ratio Decidendi

The court found that the applicants, as members of the Roka-Makgalanoto traditional community and alleged beneficiaries of the trust, have a direct and substantial interest in the outcome of the main application. Their intervention is necessary to avoid the risk of irreconcilable orders and to ensure their rights are not prejudicially affected. The respondents' points in limine regarding procedure and PAIA are premature and irrelevant to the determination of the intervention application. Accordingly, the applicants have locus standi and the respondents' preliminary objections must fail.

Court Disposition

Application for intervention granted; respondents' points in limine dismissed with costs.

Orders

  • The respondents' points in limine are dismissed with costs.