Motlhamme v African National Congress, In Re; Jerry Sithole Attorneys v African National Congress (417/2010) [2014] ZANWHC 12 (2 May 2014)

Motlhamme v African National Congress, In Re; Jerry Sithole Attorneys v African National Congress (417/2010) [2014] ZANWHC 12 (2 May 2014)

The court found that the applicant lacked locus standi to be joined or substituted as plaintiff in the main action. The cession agreement between Hlahla Motlhamme Attorneys and Jerry Sithole Attorneys was an out-and-out cession, transferring all rights to the cessionary. The purported withdrawal by Jerry Sithole Attorneys was unilateral and did not constitute a valid re-cession or transfer of rights back to the applicant. The board resolution relied upon by the applicant was not incorporated into the cession agreement and did not bind the cessionary. Rule 15 of the Uniform Rules was inapplicable, as the proceedings were not affected by a change in status but by a withdrawal. The...

Citation
[2014] ZANWHC 12
Parties
Applicant: Samuel Morokane Tebogo Motlhamme; Respondent: Jerry Sithole Attorneys; Respondent: African National Congress
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
2 May 2014
Case Number
417/2010
Procedural Posture
Civil Application / Application for Joinder and Substitution in Pending Main Action
Outcome
Application dismissed with costs.
Judges
Kgoele
Legal Topics
Joinder of Parties, Locus Standi, Cession, Substitution of Parties, Rule 15 Uniform Rules, Trust Account Liability
Civil Procedure Commercial and Corporate Joinder of Parties Locus Standi Cession Substitution of Parties Rule 15 Uniform Rules Trust Account Liability

Case Brief

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Parties

Samuel Morokane Tebogo Motlhamme

Applicant

Jerry Sithole Attorneys

Respondent

African National Congress

Respondent

Procedural Posture

Civil Application / Application for Joinder and Substitution in Pending Main Action

Legal Issues

  1. 1 Whether the applicant has locus standi to be joined or substituted as plaintiff in the main action following the withdrawal of the cessionary.
  2. 2 Whether the purported withdrawal by the cessionary results in the applicant regaining rights to proceed with the main action.
  3. 3 Whether the Fidelity Fund should be joined as a plaintiff in the main action.

Ratio Decidendi

The court found that the applicant lacked locus standi to be joined or substituted as plaintiff in the main action. The cession agreement between Hlahla Motlhamme Attorneys and Jerry Sithole Attorneys was an out-and-out cession, transferring all rights to the cessionary. The purported withdrawal by Jerry Sithole Attorneys was unilateral and did not constitute a valid re-cession or transfer of rights back to the applicant. The board resolution relied upon by the applicant was not incorporated into the cession agreement and did not bind the cessionary. Rule 15 of the Uniform Rules was inapplicable, as the proceedings were not affected by a change in status but by a withdrawal. The...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.