Municipal Employees Pension Fund and Others v Ndou and Another (076955/2025) [2025] ZAGPJHC 775 (11 August 2025)
The court found that the respondents had not fully complied with the previous order, as evidenced by the continued existence of links to infringing material on websites under their control. The respondents, being attorneys, should have understood the obligation to comply fully with the court order. The applicants...
Source-derived case information.
- Citation
- [2025] ZAGPJHC 775
- Parties
- Applicant: Municipal Employees Pension Fund and Others; Respondent: Phumudzo Faranani Ndou and Another
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 076955/2025
- Procedural Posture
- Urgent Application / Contempt Application Following Previous Court Order
- Outcome
- Application for contempt granted; punitive cost order issued against respondents.
- Judges
- Khan
- Legal Topics
- Contempt of Court, Interdict, Punitive Costs
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Municipal Employees Pension Fund and Others
Applicant
Phumudzo Faranani Ndou and Another
Respondent
Procedural Posture
Urgent Application / Contempt Application Following Previous Court Order
Legal Issues
- 1 Whether the respondents have complied with the previous court order granted by Judge Raubenheimer.
- 2 Whether the conduct of the respondents amounts to contempt of court.
- 3 Whether a punitive cost order should be granted against the respondents.
Ratio Decidendi
The court found that the respondents had not fully complied with the previous order, as evidenced by the continued existence of links to infringing material on websites under their control. The respondents, being attorneys, should have understood the obligation to comply fully with the court order. The applicants were justified in bringing the contempt application, and the respondents' conduct warranted a punitive cost order. The court granted relief in terms of prayers one, two, and six of the draft order.
Court Disposition
Application for contempt granted; punitive cost order issued against respondents.
Orders
- Order granted in terms of prayers one, two, and six of the draft order.
- Respondents to pay costs on a punitive scale.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO: 076955/2025
DATE: 25-06-2025
(1) REPORTABLE: YES / NO.
(2) OF INTEREST TO OTHER JUDGES: YES / NO.
(3) REVISED.
In the matter between
MUNICIPAL EMPLOYEES PENSION FUND
AND OTHERS
Applicant
and
PHUMUDZO FARANANI NDOU AND ANOTHER Respondent
JUDGMENT
KHAN, AJ: Judgment in matter.
This is an application for contempt that was launched on urgent grounds pursuant to a court order that was granted by my brother, Raubenheimer.
The parties have filed substantial papers in this matter, and I have had regard to the papers and the versions that have been filed by the parties in this matter. I do not wish to deliver an extensive judgment, because no doubt, anything that I say is going to have an impact on the next round of litigation between these parties as well as impending Legal Practice Council complaints.
I am going to limit myself to the contempt aspect. The starting point for this adjudication is that there is a court order and it must be complied with until set aside. I have had regard to paragraph 2(1) of the court order which says that the respondent are interdicted from making, publishing, encouraging, repeating, or facilitating the publication and making of certain comments.
There is various web pages interlinked to each other and websites that refer traffic from one link to another link. In its replying affidavit the applicants have demonstrated that as of yesterday afternoon, there was still links between the respondents websites or websites under their control to a website that contained infringing material.
I am not advised by counsel that there has been full compliance. I am therefore satisfied that the applicants were proper in bringing their application before this Court and I am further satisfied that there has for a time-being been non-compliance with the court order of Judge Raubenheimer.
Whether such court order is set aside in future is a matter for debate at that stage. For now, I grant an order in terms of prayers one, prayers two, and prayers six of the draft orders.
I am satisfied that the conduct of the respondents in this matter warrants a punitive cost order. It is clear from the wording of the court order as well as the status of the respondents as attorneys who can readily read the caselaw that is available to them, that there ought to have been full compliance with the court order. Therefore, a punitive cost order is warranted in this matter.
I will ask counsel to amend their draft order to reflect prayers one, two, and six, and I will sign off on that order.
KHAN, AJ
ACTING JUDGE OF THE HIGH COURT
DATE: ……………….