Mphahlele v Scheepers N.O and Others (Leave to Appeal) (23465/2022) [2023] ZAGPPHC 631 (27 July 2023)

Mphahlele v Scheepers N.O and Others (Leave to Appeal) (23465/2022) [2023] ZAGPPHC 631 (27 July 2023)

The court found that the applicant failed to demonstrate a right she seeks to exercise or protect as required by section 50(1) of PAIA. Upon payment of her maximum benefit, she ceased to be a beneficiary and any claims against the Trust became res judicata. The applicant did not show any error in the previous judgment or that another court would reach a different conclusion. The court held that the case did not raise important issues of law warranting leave to appeal, and the applicant did not meet the requirements for access to information under PAIA. The application for leave to appeal was dismissed as lacking merit.

Citation
[2023] ZAGPPHC 631
Parties
Applicant: Mante Mable Susan Mphahlele; Respondent: Jakobus Frederick Johannes Scheepers N.O.; Respondent: Johannes Gerhard Naude N.O.; Respondent: Theunis Willem Tredouix N.O.; Respondent: Vuyokazi Funeka Memani-Sedile N.O.; Respondent: Pieter Isebrand Heslinga N.O.; Respondent: The Master of the High Court, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 July 2023
Case Number
23465/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 20 April 2023.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Bam NN
Legal Topics
Leave to Appeal, Access to Information, Trust Beneficiary Rights, Waiver of Rights, Costs Award
Civil Procedure Administrative Law Leave to Appeal Access to Information Trust Beneficiary Rights Waiver of Rights Costs Award

Case Brief

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Parties

Mante Mable Susan Mphahlele

Applicant

Jakobus Frederick Johannes Scheepers N.O.

Respondent

Johannes Gerhard Naude N.O.

Respondent

Theunis Willem Tredouix N.O.

Respondent

Vuyokazi Funeka Memani-Sedile N.O.

Respondent

Pieter Isebrand Heslinga N.O.

Respondent

The Master of the High Court, Pretoria

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 20 April 2023.

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the order of 20 April 2023.
  2. 2 Whether there are compelling reasons for leave to appeal as envisaged in section 17(1)(a)(ii) of the Superior Courts Act.
  3. 3 Whether the applicant retained rights to information under PAIA and the Constitution after payment from the Trust.

Ratio Decidendi

The court found that the applicant failed to demonstrate a right she seeks to exercise or protect as required by section 50(1) of PAIA. Upon payment of her maximum benefit, she ceased to be a beneficiary and any claims against the Trust became res judicata. The applicant did not show any error in the previous judgment or that another court would reach a different conclusion. The court held that the case did not raise important issues of law warranting leave to appeal, and the applicant did not meet the requirements for access to information under PAIA. The application for leave to appeal was dismissed as lacking merit.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.