Ndabeni and Others v HOD Itumeleng Mogorosi and Others (Reasons) (5979/2024) [2024] ZANWHC 295 (4 December 2024)

Ndabeni and Others v HOD Itumeleng Mogorosi and Others (Reasons) (5979/2024) [2024] ZANWHC 295 (4 December 2024)

The application was dismissed because the applicants failed to establish locus standi, as there was no resolution from the second and third applicants authorizing Mr. Ndabeni to bring the application on their behalf. Furthermore, Mr. Ndabeni is not an attorney or advocate and therefore cannot represent artificial persons in court. The founding affidavit was not properly commissioned, lacking compliance with Regulation 4(1) of the regulations governing the administration of an oath or affirmation. No condonation was sought for this noncompliance. The founding affidavit did not make out a cause of action for the relief sought, and there was no legal connection between the documents...

Citation
[2024] ZANWHC 295
Parties
Applicant: Vuyisile Charles Ndabeni; Applicant: Global Tourism Legacy Networks (Pty) Ltd; Applicant: Motswana Re Na Le Rona NPC; Respondent: HOD Itumeleng Mogorosi; Respondent: Department of Sports, Arts and Culture; Respondent: MEC Tsotso Tlhapi
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
4 December 2024
Case Number
5979/2024
Procedural Posture
Urgent Application / Reasons for Order Following Urgent Application
Outcome
Application dismissed.
Judges
T Masike
Legal Topics
Locus Standi, Founding Affidavit Requirements, Commissioning of Affidavits, Representation of Artificial Persons
Civil Procedure Locus Standi Founding Affidavit Requirements Commissioning of Affidavits Representation of Artificial Persons

Case Brief

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Parties

Vuyisile Charles Ndabeni

Applicant

Global Tourism Legacy Networks (Pty) Ltd

Applicant

Motswana Re Na Le Rona NPC

Applicant

HOD Itumeleng Mogorosi

Respondent

Department of Sports, Arts and Culture

Respondent

MEC Tsotso Tlhapi

Respondent

Procedural Posture

Urgent Application / Reasons for Order Following Urgent Application

Legal Issues

  1. 1 Whether the applicants established locus standi to seek the relief claimed.
  2. 2 Whether the founding affidavit was properly commissioned and compliant with the regulations.
  3. 3 Whether a non-attorney/non-advocate may represent artificial persons in court proceedings.

Ratio Decidendi

The application was dismissed because the applicants failed to establish locus standi, as there was no resolution from the second and third applicants authorizing Mr. Ndabeni to bring the application on their behalf. Furthermore, Mr. Ndabeni is not an attorney or advocate and therefore cannot represent artificial persons in court. The founding affidavit was not properly commissioned, lacking compliance with Regulation 4(1) of the regulations governing the administration of an oath or affirmation. No condonation was sought for this noncompliance. The founding affidavit did not make out a cause of action for the relief sought, and there was no legal connection between the documents...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.