Montshioa and Another v Motshegare (110/2001) [2001] ZANWHC 9 (23 February 2001)

Montshioa and Another v Motshegare (110/2001) [2001] ZANWHC 9 (23 February 2001)

The court found that the applicants had established a prima facie right to the relief sought, as the respondent's conduct in assuming the office of kgosi and engaging in intimidation and disruption posed a real threat to the orderly administration of the tribe. The urgency of the matter justified dispensing with the usual forms and service. The respondent's actions were found to be unlawful and disruptive, warranting immediate intervention by way of an interdict. The court issued a rule nisi calling upon the respondent to show cause why the interim interdict should not be confirmed and why costs should not be awarded against him.

Citation
[2001] ZANWHC 9
Parties
Applicant: Jeffrey Kgotleng Montshioa; Applicant: Member of the Executive Council for Traditional and Corporate Affairs; Respondent: Othusitse Israel Motshegare
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
23 February 2001
Case Number
110/2001
Procedural Posture
Urgent Application / Interim Interdict and Rule Nisi
Outcome
Interim interdict granted; rule nisi issued; respondent to show cause why order should not be confirmed and why costs should not be awarded against him.
Judges
M M Leeuw
Legal Topics
Urgent Interdict, Tribal Leadership Dispute, Unlawful Occupation, Intimidation, Disruption of Public Meetings
Civil Procedure Land and Property Urgent Interdict Tribal Leadership Dispute Unlawful Occupation Intimidation Disruption of Public Meetings

Case Brief

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Parties

Jeffrey Kgotleng Montshioa

Applicant

Member of the Executive Council for Traditional and Corporate Affairs

Applicant

Othusitse Israel Motshegare

Respondent

Procedural Posture

Urgent Application / Interim Interdict and Rule Nisi

Legal Issues

  1. 1 Whether the respondent should be interdicted from performing the office of kgosi of the Barolong Boo-Ratshidi tribe.
  2. 2 Whether the respondent should be restrained from unlawful occupation and intimidation of tribal offices and officials.
  3. 3 Whether the respondent should be prevented from disrupting public meetings called by the first applicant.

Ratio Decidendi

The court found that the applicants had established a prima facie right to the relief sought, as the respondent's conduct in assuming the office of kgosi and engaging in intimidation and disruption posed a real threat to the orderly administration of the tribe. The urgency of the matter justified dispensing with the usual forms and service. The respondent's actions were found to be unlawful and disruptive, warranting immediate intervention by way of an interdict. The court issued a rule nisi calling upon the respondent to show cause why the interim interdict should not be confirmed and why costs should not be awarded against him.

Court Disposition

Interim interdict granted; rule nisi issued; respondent to show cause why order should not be confirmed and why costs should not be awarded against him.

Orders

  • The forms and service provided for in the Uniform Rules of Court are dispensed with; the matter is treated as urgent.
  • The respondent is interdicted and restrained from performing the office of kgosi of the Barolong Boo-Ratshidi tribe.