Mudzanani and Others v Minister of Education and Others (1055/2020) [2020] ZALMPTHC 3 (18 February 2020)

Mudzanani and Others v Minister of Education and Others (1055/2020) [2020] ZALMPTHC 3 (18 February 2020)

The court found that the answering affidavit was substantially compliant with the requirements of the Justices of the Peace and Commissioners of Oaths Act, as the attorney's stamp indicated the date and place of commissioning. The deponent did not require specific authorisation to depose to the affidavit on behalf of the government departments, as the State Attorney is authorised to act for such entities. The points in limine raised by the applicants regarding authority and affidavit compliance were dismissed. The court exercised its discretion not to award costs against the applicants, recognising their attempt to enforce constitutional rights to basic education for children. The matter...

Citation
[2020] ZALMPTHC 3
Parties
Applicant: Mudzanani Nditsheni Nelson; Applicant: Mudzanani Thinawanga Christinah; Applicant: Mudzanani Takalani Justice; Respondent: Minister of Education; Respondent: Members of the Executive Council (MEC) Limpopo Provincial Department of Education; Respondent: SGB (School Governing Body) Luvhengo Secondary School; Respondent: Ravhuenzwo Thifhelimbilu Florence; Respondent: Luvhengo Secondary School; Respondent: Limpopo Provincial Department of Education
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
18 February 2020
Case Number
1055/2020
Procedural Posture
Urgent Application / Points in Limine and Interlocutory Orders
Outcome
All points in limine were dismissed or struck off; condonation for late filing of replying affidavit was granted; no costs order was made; matter postponed sine die.
Judges
AML Phatudi
Legal Topics
Contempt of Court, Children S Right to Education, Affidavit Compliance, Condonation, Costs Award
Civil Procedure Constitutional Law Contempt of Court Children S Right to Education Affidavit Compliance Condonation Costs Award

Case Brief

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Parties

Mudzanani Nditsheni Nelson

Applicant

Mudzanani Thinawanga Christinah

Applicant

Mudzanani Takalani Justice

Applicant

Minister of Education

Respondent

Members of the Executive Council (MEC) Limpopo Provincial Department of Education

Respondent

SGB (School Governing Body) Luvhengo Secondary School

Respondent

Ravhuenzwo Thifhelimbilu Florence

Respondent

Luvhengo Secondary School

Respondent

Limpopo Provincial Department of Education

Respondent

Procedural Posture

Urgent Application / Points in Limine and Interlocutory Orders

Legal Issues

  1. 1 Whether the respondents' answering affidavit was properly commissioned in terms of Regulation 4(1) of the Justices of the Peace and Commissioners of Oaths Act.
  2. 2 Whether the deponent to the answering affidavit was duly authorised to depose on behalf of the respondents.
  3. 3 Whether the State Attorney was authorised to represent all cited respondents.

Ratio Decidendi

The court found that the answering affidavit was substantially compliant with the requirements of the Justices of the Peace and Commissioners of Oaths Act, as the attorney's stamp indicated the date and place of commissioning. The deponent did not require specific authorisation to depose to the affidavit on behalf of the government departments, as the State Attorney is authorised to act for such entities. The points in limine raised by the applicants regarding authority and affidavit compliance were dismissed. The court exercised its discretion not to award costs against the applicants, recognising their attempt to enforce constitutional rights to basic education for children. The matter...

Court Disposition

All points in limine were dismissed or struck off; condonation for late filing of replying affidavit was granted; no costs order was made; matter postponed sine die.

Orders

  • Condonation for the late filing of the replying affidavit is upheld with no order as to costs.
  • First point in limine is dismissed with no order as to costs.