Molefe and Others v Noge and Others (22894/21) [2021] ZAGPJHC 841 (7 June 2021)
The court found that the respondents failed to comply with the requirements of urgency in their application for reconsideration, including noncompliance with the Practice Directive and late filing of affidavits. Consequently, the reconsideration application was removed from the roll. Regarding contempt, the court held that the respondents were aware of the eviction order and their continued occupation of the property constituted wilful and mala fide noncompliance. The argument that a pending reconsideration application justified noncompliance was rejected, as the law requires immediate obedience to court orders until set aside. The respondents were declared in contempt and sentenced to 90...
- Citation
- [2021] ZAGPJHC 841
- Parties
- Applicant: Molefe Joseph Noge; Applicant: Veronica Noge; Applicant: Dira Solomon Mogale; Respondent: Jacobeth Noge; Respondent: Nthabiseng Noge; Respondent: Thabang Magasenge; Respondent: Oupa A Menyuku; Respondent: Tshepo Mokwape
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Judgment Date
- 7 June 2021
- Case Number
- 22894/21
- Procedural Posture
- Urgent Application / Application for Reconsideration of Eviction Order and Contempt of Court; Consolidated and Heard on Urgent Basis
- Outcome
- The application for reconsideration was removed from the roll for lack of urgency and noncompliance. The respondents were declared in contempt of court and sentenced to 90 days' imprisonment, wholly suspended on condition that they vacate the property within 24 hours.
- Judges
- Molahlehi
- Legal Topics
- Eviction Order, Contempt of Court, Urgent Application, Spoliation, Compliance With Court Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Molefe Joseph Noge
Applicant
Veronica Noge
Applicant
Dira Solomon Mogale
Applicant
Jacobeth Noge
Respondent
Nthabiseng Noge
Respondent
Thabang Magasenge
Respondent
Oupa A Menyuku
Respondent
Tshepo Mokwape
Respondent
Procedural Posture
Urgent Application / Application for Reconsideration of Eviction Order and Contempt of Court; Consolidated and Heard on Urgent Basis
Legal Issues
- 1 Whether the application for reconsideration of the eviction order meets the requirements of urgency.
- 2 Whether the respondents are in contempt of the court order issued by Dippenaar J on 12 May 2021.
- 3 Whether the respondents' noncompliance with the court order was wilful and mala fide.
Ratio Decidendi
The court found that the respondents failed to comply with the requirements of urgency in their application for reconsideration, including noncompliance with the Practice Directive and late filing of affidavits. Consequently, the reconsideration application was removed from the roll. Regarding contempt, the court held that the respondents were aware of the eviction order and their continued occupation of the property constituted wilful and mala fide noncompliance. The argument that a pending reconsideration application justified noncompliance was rejected, as the law requires immediate obedience to court orders until set aside. The respondents were declared in contempt and sentenced to 90...
Court Disposition
The application for reconsideration was removed from the roll for lack of urgency and noncompliance. The respondents were declared in contempt of court and sentenced to 90 days' imprisonment, wholly suspended on condition that they vacate the property within 24 hours.
Orders
- This application is treated as urgent and noncompliance with ordinary forms and service is condoned.
- The respondents are declared to be in contempt of the order made by Dippenaar J dated 12 May 2021.
Full Case Text
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