Molwantwa v Van Vuuren and Others (Leave to Appeal) (M133/2021) [2023] ZANWHC 203 (31 October 2023)

Molwantwa v Van Vuuren and Others (Leave to Appeal) (M133/2021) [2023] ZANWHC 203 (31 October 2023)

The court found that the order of 29 April 2021 was an interim order that did not have a final effect, as it did not prevent the applicant from pursuing the main application, which was subsequently heard and disposed of on 13 May 2021. The application for leave to appeal was therefore moot and constituted a wasteful...

Source-derived case information.

Citation
[2023] ZANWHC 203
Parties
Applicant: Bakang Molwantwa; Respondent: Naomi Janse Van Vuuren; Respondent: Lisa Catherine Becker; Respondent: Department of Justice and Constitutional Development; Respondent: The Magistrate Commission
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
31 October 2023
Case Number
M133/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interim Order Removing Matter From the Roll.
Outcome
Application for leave to appeal dismissed with costs.
Judges
J T Djaje
Legal Topics
Leave to Appeal, Appealability of Interim Orders, Costs Award, Superior Courts Act, Abuse of Process
Civil Procedure Leave to Appeal Appealability of Interim Orders Costs Award Superior Courts Act Abuse of Process

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Bakang Molwantwa

Applicant

Naomi Janse Van Vuuren

Respondent

Lisa Catherine Becker

Respondent

Department of Justice and Constitutional Development

Respondent

The Magistrate Commission

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interim Order Removing Matter From the Roll.

Legal Issues

  1. 1 Whether the interim order removing the matter from the roll on 29 April 2021 is appealable.
  2. 2 Whether the application for leave to appeal has reasonable prospects of success.
  3. 3 Whether the applicant should be ordered to pay costs for bringing the leave to appeal application.

Ratio Decidendi

The court found that the order of 29 April 2021 was an interim order that did not have a final effect, as it did not prevent the applicant from pursuing the main application, which was subsequently heard and disposed of on 13 May 2021. The application for leave to appeal was therefore moot and constituted a wasteful exercise of judicial resources and legal costs. The court applied the test for leave to appeal under section 17(1)(a) of the Superior Courts Act and concluded that there were no reasonable prospects of success, nor any compelling reason for the appeal to be heard. The application for leave to appeal was dismissed, and the applicant was ordered to pay the costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs.