Myandlu and Others v Ludidi N.O and Others (1684/2024) [2024] ZAECMHC 26 (2 May 2024)

Myandlu and Others v Ludidi N.O and Others (1684/2024) [2024] ZAECMHC 26 (2 May 2024)

The applicants failed to provide evidence establishing a prima facie right not to be subjected to disciplinary action by the board of trustees of Vela School Trust. Their founding affidavit did not substantiate the claim that Vela School is an NPC or that the trustees lack authority. The respondents provided documentary evidence of their authority and the applicants' historical acknowledgment thereof. The applicants did not plead exceptional circumstances justifying urgent court intervention in ongoing disciplinary proceedings, nor did they demonstrate the absence of alternative remedies. The court held that, absent exceptional circumstances, it lacks jurisdiction to interfere with...

Citation
[2024] ZAECMHC 26
Parties
Applicant: Nomandla Myandlu; Applicant: Bongiwe Nelani; Applicant: Ruth Marillier; Applicant: Jacqueline Ann Thurston; Applicant: Kim Chantelle Thurston; Respondent: Litha Hybert Ludidi N.O; Respondent: Thembeka Ellen Mgudlwa N.O; Respondent: Tabile Mzwakali N.O; Respondent: Viva Yolande Mgudlwa N.O; Respondent: Rebecca Yoliswa Xaba N.O; Respondent: Vela School (Registration Number : 401398)
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
2 May 2024
Case Number
1684/2024
Procedural Posture
Urgent Application / Interim Interdict Pending Review; Application Struck From Roll
Outcome
Application struck off the roll; costs awarded against applicants on scale C of Rule 69 of the Uniform Rules of Court.
Judges
M.S. Jolwana
Legal Topics
Urgent Interdict, Disciplinary Procedure, Locus Standi, Prima Facie Right, Exceptional Circumstances
Labour Law Civil Procedure Urgent Interdict Disciplinary Procedure Locus Standi Prima Facie Right Exceptional Circumstances

Case Brief

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Parties

Nomandla Myandlu

Applicant

Bongiwe Nelani

Applicant

Ruth Marillier

Applicant

Jacqueline Ann Thurston

Applicant

Kim Chantelle Thurston

Applicant

Litha Hybert Ludidi N.O

Respondent

Thembeka Ellen Mgudlwa N.O

Respondent

Tabile Mzwakali N.O

Respondent

Viva Yolande Mgudlwa N.O

Respondent

Rebecca Yoliswa Xaba N.O

Respondent

Vela School (Registration Number : 401398)

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review; Application Struck From Roll

Legal Issues

  1. 1 Whether the applicants are entitled to urgent interim relief interdicting disciplinary proceedings pending review.
  2. 2 Whether the board of trustees of Vela School Trust has locus standi to subject applicants to disciplinary processes.
  3. 3 Whether applicants established a prima facie right not to be subjected to disciplinary action by the respondents.

Ratio Decidendi

The applicants failed to provide evidence establishing a prima facie right not to be subjected to disciplinary action by the board of trustees of Vela School Trust. Their founding affidavit did not substantiate the claim that Vela School is an NPC or that the trustees lack authority. The respondents provided documentary evidence of their authority and the applicants' historical acknowledgment thereof. The applicants did not plead exceptional circumstances justifying urgent court intervention in ongoing disciplinary proceedings, nor did they demonstrate the absence of alternative remedies. The court held that, absent exceptional circumstances, it lacks jurisdiction to interfere with...

Court Disposition

Application struck off the roll; costs awarded against applicants on scale C of Rule 69 of the Uniform Rules of Court.

Orders

  • The application is struck off the roll.
  • The applicants are ordered to pay the costs of this application jointly and severally, the one paying the others to be absolved, on scale C of Rule 69 of the Uniform Rules of Court.