Mononono Community v Minister of Rural Development and Land Reform and Others (UM165/2019; UM120/2019) [2019] ZANWHC 59 (1 November 2019)
The court determined that a postponement was necessary to allow for proper argument and to ensure that the interim order previously granted remains effective until the matter is fully argued. The extension of the interim order preserves the status quo and protects the interests of the parties. Costs were reserved to...
Source-derived case information.
- Citation
- [2019] ZANWHC 59
- Parties
- Applicant: Mononono Community; Respondent: Minister of Rural Development and Land Reform; Respondent: Minister of Mineral Resources; Respondent: Ikwezi Vanadim (Pty) Ltd
- Court
- North West High Court, Mafikeng
- Jurisdiction
- South Africa
- Case Number
- UM165/2019; UM120/2019
- Procedural Posture
- Civil Application / Postponement Order Prior to Argument
- Outcome
- The matter is postponed for argument, the interim order is extended, and costs are reserved.
- Judges
- Djaje
- Legal Topics
- Land Rights Dispute, Interim Relief, Postponement of Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mononono Community
Applicant
Minister of Rural Development and Land Reform
Respondent
Minister of Mineral Resources
Respondent
Ikwezi Vanadim (Pty) Ltd
Respondent
Procedural Posture
Civil Application / Postponement Order Prior to Argument
Legal Issues
- 1 Whether the matter should be postponed for argument.
- 2 Whether the interim order previously granted should be extended.
- 3 Whether costs should be reserved pending final determination.
Ratio Decidendi
The court determined that a postponement was necessary to allow for proper argument and to ensure that the interim order previously granted remains effective until the matter is fully argued. The extension of the interim order preserves the status quo and protects the interests of the parties. Costs were reserved to be determined at a later stage, depending on the outcome of the proceedings.
Court Disposition
The matter is postponed for argument, the interim order is extended, and costs are reserved.
Orders
- The matter is postponed to 11 December 2019 for argument.
- The order by Gura J dated 3 October 2019 is extended to 11 December 2019.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF SOUTH AFRICA
(NORTH WEST DIVISION, MAHIKENG)
CASE NO: UM 165/2019
UM 120/2019
Held at MMABATHO on this the 31st day of OCTOBER 2019 BEFORE the Honourable Madam Justice DJAJE
In the matter between:
MONONONO COMMUNITY
Applicant
And
MINISTER OF RURAL DEVELOPMENT AND LAND REFORM 1st Respondent
THE MINISTER OF MINERAL RESOURCES
2nd Respondent
IKWEZI VANADIM (PTY) LTY
3rd Respondent
HAVING HEARD ADV MASILO on behalf of the Applicant and MR R VAN ROOYEN on behalf of the 3rd Respondent and having read the Notice of Motion and other documents filed of record;
IT IS ORDERED:
1. THAT: The matter be and is hereby postponed to the 11th day of DECEMBER 2019 for argument;
2. THAT: The order by Gura J of the 3rd day of OCTOBER 2019 is extended to the 11th Day of DECEMER 2019;
3. THAT: Costs be reserved.
BY THE COURT
VR T W