Mphethi NO and Another v Mphahlele and Another (88497/2018) [2019] ZAGPPHC 404 (2 July 2019)

Mphethi NO and Another v Mphahlele and Another (88497/2018) [2019] ZAGPPHC 404 (2 July 2019)

The court found that the applicants had established the first three elements of contempt: the existence of a court order, service or notice to the respondents, and non-compliance. The respondents failed to discharge the evidentiary burden to create reasonable doubt as to wilfulness and mala fides. Their affidavits contained vague and unsubstantiated statements and did not provide a factual inability to comply or an honest belief that non-compliance was justified. The court held that contempt was established beyond reasonable doubt. Furthermore, the requirements for an interim interdict were satisfied: the applicants demonstrated a prima facie right, irreparable harm, and the balance of...

Citation
[2019] ZAGPPHC 404
Parties
Applicant: Alton Senyane Mphethi NO; Applicant: Pan Africanist Congress of Azania NO; Respondent: Letlapa Mphahlele; Respondent: Luthando Mbhina
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 July 2019
Case Number
88497/2018
Procedural Posture
Urgent Application / Application for Urgent Interim Interdict and Contempt Order
Outcome
Application granted. Respondents declared in contempt of court and interdicted from further conduct breaching the court order.
Judges
Sardiwalla
Legal Topics
Interim Interdict, Contempt of Court, Wilfulness and Mala Fides, Balance of Convenience, Rule 6 Uniform Rules, Party Membership Dispute
Civil Procedure Constitutional Law Interim Interdict Contempt of Court Wilfulness and Mala Fides Balance of Convenience Rule 6 Uniform Rules Party Membership Dispute

Case Brief

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Parties

Alton Senyane Mphethi NO

Applicant

Pan Africanist Congress of Azania NO

Applicant

Letlapa Mphahlele

Respondent

Luthando Mbhina

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Interdict and Contempt Order

Legal Issues

  1. 1 Whether the respondents are in contempt of the court order dated 13 September 2018.
  2. 2 Whether the requirements for an interim interdict have been met.
  3. 3 Whether the respondents acted wilfully and mala fide in disobeying the court order.

Ratio Decidendi

The court found that the applicants had established the first three elements of contempt: the existence of a court order, service or notice to the respondents, and non-compliance. The respondents failed to discharge the evidentiary burden to create reasonable doubt as to wilfulness and mala fides. Their affidavits contained vague and unsubstantiated statements and did not provide a factual inability to comply or an honest belief that non-compliance was justified. The court held that contempt was established beyond reasonable doubt. Furthermore, the requirements for an interim interdict were satisfied: the applicants demonstrated a prima facie right, irreparable harm, and the balance of...

Court Disposition

Application granted. Respondents declared in contempt of court and interdicted from further conduct breaching the court order.

Orders

  • The first and second respondents are declared to be in contempt of the court order granted on 13 September 2018.
  • The contempt is found to be wilful and mala fide, as the respondents had no intention of complying with the order.