M.P.T.M and Another v Minister of Justice and Constitutional Development and Others (2025-018563) [2025] ZAGPJHC 325 (28 March 2025)

M.P.T.M and Another v Minister of Justice and Constitutional Development and Others (2025-018563) [2025] ZAGPJHC 325 (28 March 2025)

The court found that the applicants established a prima facie right to protection from harm and intimidation, based on credible evidence linking Lt. Col. Gafoor to repeated, serious threats. The respondents failed to cast serious doubt on this evidence, and the applicants' apprehension of harm was reasonable,...

Source-derived case information.

Citation
[2025] ZAGPJHC 325
Parties
Applicant: M[...] P[...] T[...] M[...]; Applicant: S[...] E[...] M[...]; Respondent: Minister of Justice and Constitutional Development; Respondent: Director, Office of Witness Protection, Limpopo Region; Respondent: National Director of Public Prosecutions; Respondent: Director of Public Prosecutions, Gauteng Local Division; Respondent: Minister of Police; Respondent: John Henry Ffennel Nicholas
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 March 2025
Case Number
2025-018563
Procedural Posture
Urgent Application / Interim Relief and Joinder; Rule Nisi Issued
Outcome
Interim interdict granted; rule nisi issued; Lt. Col. Gafoor joined as respondent; costs reserved.
Judges
S D J Wilson
Legal Topics
Interim Interdict, Urgent Application, Witness Protection, Harassment, Joinder of Parties
Civil Procedure Constitutional Law Interim Interdict Urgent Application Witness Protection Harassment Joinder of Parties

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Parties

M[...] P[...] T[...] M[...]

Applicant

S[...] E[...] M[...]

Applicant

Minister of Justice and Constitutional Development

Respondent

Director, Office of Witness Protection, Limpopo Region

Respondent

National Director of Public Prosecutions

Respondent

Director of Public Prosecutions, Gauteng Local Division

Respondent

Minister of Police

Respondent

John Henry Ffennel Nicholas

Respondent

Procedural Posture

Urgent Application / Interim Relief and Joinder; Rule Nisi Issued

Legal Issues

  1. 1 Whether the applicants are entitled to urgent interim interdictory relief restraining police officers, specifically Lt. Col. Gafoor, from threatening or harming them.
  2. 2 Whether sufficient prima facie evidence exists linking Lt. Col. Gafoor to the threats against the applicants.
  3. 3 Whether the matter is sufficiently urgent given the timing of the threats and the applicants' impending eviction.

Ratio Decidendi

The court found that the applicants established a prima facie right to protection from harm and intimidation, based on credible evidence linking Lt. Col. Gafoor to repeated, serious threats. The respondents failed to cast serious doubt on this evidence, and the applicants' apprehension of harm was reasonable, especially given their impending eviction and vulnerability. The balance of convenience favoured granting interim relief, as the inconvenience to the Minister was minimal compared to the potential harm to the applicants. The court held that only an interdict could effectively restrain the threatened conduct. Furthermore, Lt. Col. Gafoor was joined as a respondent to ensure she could...

Court Disposition

Interim interdict granted; rule nisi issued; Lt. Col. Gafoor joined as respondent; costs reserved.

Orders

  • Lieutenant Colonel Fatima Gafoor is joined as the seventh respondent in these proceedings.
  • A rule nisi is issued calling on any interested party to show cause before Wilson J on 4 June 2025 why the interim orders should not be made final.