Mtshizana-Base and Others v Maxhwele and Others (3351/2018) [2018] ZAECMHC 64 (20 November 2018)

Mtshizana-Base and Others v Maxhwele and Others (3351/2018) [2018] ZAECMHC 64 (20 November 2018)

The court found that the applicants failed to prove the existence of a valid and properly served court order at the material time. The evidence presented was inadequate and, in some respects, inadmissible, particularly regarding service on the sixth respondent and the alleged conduct constituting contempt. The application was based on an incomplete or defective order, which had previously been dismissed and could not be rectified or revived. The applicants did not establish that the respondents were aware of or acted in conscious disobedience of a valid order. The requirements for contempt, including proof beyond reasonable doubt and specific intent, were not met. Accordingly, the...

Citation
[2018] ZAECMHC 64
Parties
Applicant: Nomakhwezi Mtshizana-Base; Applicant: Buyiswa Zwedala; Applicant: Mbiko Lindiswa; Applicant: Nobelungu Lumkwana; Applicant: Lelethu Lumkwana; Applicant: Mbambeleli Siwapi; Respondent: Nosizwe Maxhwele; Respondent: Onke Nyathi; Respondent: Vuyani Madubela; Respondent: Thembisile Mkhanzi; Respondent: Mtetelelo Mkohli; Respondent: Sisa Manyadu; Respondent: King Sabata-Dalindyebo Local Municipality
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
20 November 2018
Case Number
3351/2018
Procedural Posture
Urgent Application / Opposed Motion for Contempt of Court Following Alleged Breach of Interim Interdict
Outcome
Application dismissed with costs.
Judges
Mnyatheli
Legal Topics
Contempt of Court, Interim Interdict, Service of Process, Burden of Proof
Civil Procedure Contempt of Court Interim Interdict Service of Process Burden of Proof

Case Brief

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Parties

Nomakhwezi Mtshizana-Base

Applicant

Buyiswa Zwedala

Applicant

Mbiko Lindiswa

Applicant

Nobelungu Lumkwana

Applicant

Lelethu Lumkwana

Applicant

Mbambeleli Siwapi

Applicant

Nosizwe Maxhwele

Respondent

Onke Nyathi

Respondent

Vuyani Madubela

Respondent

Thembisile Mkhanzi

Respondent

Mtetelelo Mkohli

Respondent

Sisa Manyadu

Respondent

King Sabata-Dalindyebo Local Municipality

Respondent

Procedural Posture

Urgent Application / Opposed Motion for Contempt of Court Following Alleged Breach of Interim Interdict

Legal Issues

  1. 1 Whether there was a valid court order in force at the relevant time.
  2. 2 Whether the respondents were aware of and properly served with the order.
  3. 3 Whether the respondents acted in contempt of the court order.

Ratio Decidendi

The court found that the applicants failed to prove the existence of a valid and properly served court order at the material time. The evidence presented was inadequate and, in some respects, inadmissible, particularly regarding service on the sixth respondent and the alleged conduct constituting contempt. The application was based on an incomplete or defective order, which had previously been dismissed and could not be rectified or revived. The applicants did not establish that the respondents were aware of or acted in conscious disobedience of a valid order. The requirements for contempt, including proof beyond reasonable doubt and specific intent, were not met. Accordingly, the...

Court Disposition

Application dismissed with costs.

Orders

  • The application for contempt of court is dismissed with costs.