Mokotedi and Others v Shishen Iron Ore Company (Pty) Ltd (2580/18) [2022] ZANCHC 7 (18 February 2022)

Mokotedi and Others v Shishen Iron Ore Company (Pty) Ltd (2580/18) [2022] ZANCHC 7 (18 February 2022)

The court granted condonation for late filing and reinstated the application for leave to appeal, as agreed by the parties. However, after considering the applicants' grounds, including excusable neglect, alleged misrepresentation, disability, procedural irregularities, and risk of homelessness, the court found no substantive basis to overturn the eviction order. The applicants failed to demonstrate reasonable prospects of success on appeal, as required by section 17(1)(a) of the Superior Courts Act. The respondent's submissions were accepted, and the application for leave to appeal was dismissed with costs.

Citation
[2022] ZANCHC 7
Parties
Applicant: John Panti Mokotedi; Applicant: The Occupiers of Erf 7054, Kathu Township, also known as 7054 21st Avenue, Rooisand, Kathu; Applicant: Gamagara Local Municipality; Respondent: Sishen Iron Ore Company (Pty) Ltd
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
18 February 2022
Case Number
2580/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Eviction Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
J.J. Moses
Legal Topics
Leave to Appeal, Eviction Order, Condonation, Reinstatement of Application, Prospects of Success
Civil Procedure Land and Property Leave to Appeal Eviction Order Condonation Reinstatement of Application Prospects of Success

Case Brief

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Parties

John Panti Mokotedi

Applicant

The Occupiers of Erf 7054, Kathu Township, also known as 7054 21st Avenue, Rooisand, Kathu

Applicant

Gamagara Local Municipality

Applicant

Sishen Iron Ore Company (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Eviction Order

Legal Issues

  1. 1 Whether condonation for late filing and non-compliance with court directives should be granted.
  2. 2 Whether the application for leave to appeal should be reinstated.
  3. 3 Whether the applicants have demonstrated reasonable prospects of success on appeal against the eviction order.

Ratio Decidendi

The court granted condonation for late filing and reinstated the application for leave to appeal, as agreed by the parties. However, after considering the applicants' grounds, including excusable neglect, alleged misrepresentation, disability, procedural irregularities, and risk of homelessness, the court found no substantive basis to overturn the eviction order. The applicants failed to demonstrate reasonable prospects of success on appeal, as required by section 17(1)(a) of the Superior Courts Act. The respondent's submissions were accepted, and the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Condonation for late filing and non-compliance with court directives is granted.
  • The application for leave to appeal is reinstated.