Molaoa v Molaoa and Others (5723/2021) [2023] ZAFSHC 211 (26 May 2023)

Molaoa v Molaoa and Others (5723/2021) [2023] ZAFSHC 211 (26 May 2023)

The court held that the Municipal Manager, as the official against whom committal for contempt is sought, must be joined as a party to the proceedings. The failure to join the Municipal Manager is fatal to the application, as no person can be found in contempt or committed to prison without being cited and given an opportunity to be heard. The application cannot proceed on its merits until the necessary party is joined. The court therefore declined to adjudicate the merits and removed the application from the roll pending formal joinder.

Citation
[2023] ZAFSHC 211
Parties
Applicant: Moeketsi John Molaoa; Respondent: Motlagomang Violet Molaoa; Respondent: The Mangaung Metropolitan Municipality; Respondent: The Director-General of the Free State Province N.O; Respondent: The Deputy Director: Land Tenure Sub-Directorate N.O; Respondent: The MEC, Free State Department of Human Settlement N.O; Respondent: The Registrar of Deeds, Bloemfontein N.O
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 May 2023
Case Number
5723/2021
Procedural Posture
Civil Application / Hearing on Non Joinder
Outcome
Application removed from the roll pending joinder; applicant ordered to pay costs of the second respondent.
Judges
Molitsoane
Legal Topics
Joinder of Parties, Contempt of Court, Municipal Accountability
Civil Procedure Land and Property Joinder of Parties Contempt of Court Municipal Accountability

Case Brief

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Parties

Moeketsi John Molaoa

Applicant

Motlagomang Violet Molaoa

Respondent

The Mangaung Metropolitan Municipality

Respondent

The Director-General of the Free State Province N.O

Respondent

The Deputy Director: Land Tenure Sub-Directorate N.O

Respondent

The MEC, Free State Department of Human Settlement N.O

Respondent

The Registrar of Deeds, Bloemfontein N.O

Respondent

Procedural Posture

Civil Application / Hearing on Non Joinder

Legal Issues

  1. 1 Whether the Municipal Manager is a necessary party to the contempt proceedings.
  2. 2 Whether failure to join the Municipal Manager is fatal to the application.
  3. 3 Whether the application can proceed in the absence of the Municipal Manager.

Ratio Decidendi

The court held that the Municipal Manager, as the official against whom committal for contempt is sought, must be joined as a party to the proceedings. The failure to join the Municipal Manager is fatal to the application, as no person can be found in contempt or committed to prison without being cited and given an opportunity to be heard. The application cannot proceed on its merits until the necessary party is joined. The court therefore declined to adjudicate the merits and removed the application from the roll pending formal joinder.

Court Disposition

Application removed from the roll pending joinder; applicant ordered to pay costs of the second respondent.

Orders

  • The application is removed from the roll pending the formal joinder of any functionary to be affected by the order.
  • The Applicant shall bear the costs of the Second Respondent on party and party scale.