Ndabeni and Others v Mokotedi and Others (Reasons) (5987/2024) [2024] ZANWHC 294 (4 December 2024)

Ndabeni and Others v Mokotedi and Others (Reasons) (5987/2024) [2024] ZANWHC 294 (4 December 2024)

The court found that the second, third, and fourth applicants were not properly before the court, as there was insufficient evidence of their authorization for Mr. Ndabeni to act on their behalf. The resolution relied upon was only signed by Mr. Ndabeni and did not include signatures from other representatives. Furthermore, Mr. Ndabeni is neither an attorney nor an advocate, and artificial persons must be represented by legal practitioners in court. The founding affidavit was not properly commissioned, lacking the required certification by the commissioner of oaths. No application for condonation of noncompliance was made. The founding affidavit did not establish locus standi or a cause...

Citation
[2024] ZANWHC 294
Parties
Applicant: Vuyisile Charles Ndabeni; Applicant: Global Tourism Legacy Networks (Pty) Ltd; Applicant: Lengau Africa Investment (Pty) Ltd; Applicant: Motswana Re Na Le Rona NPC; Respondent: Sophie Mokotedi; Respondent: Pilanesberg Global Resorts (Pty) Ltd; Respondent: Pilanesberg Intergrated Safaris (Pty) Ltd; Respondent: North West Parks and Tourism Board; Respondent: Tourvest (Pty) Ltd; Respondent: Mankwe Game Trackers (Pty) Ltd; Respondent: Sun International of South Africa
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
4 December 2024
Case Number
5987/2024
Procedural Posture
Urgent Application / Reasons for Order Following Urgent Application Hearing
Outcome
Application dismissed; no order as to costs.
Judges
T Masike
Legal Topics
Urgent Interdict, Locus Standi, Founding Affidavit Requirements, Commissioning of Affidavits
Civil Procedure Land and Property Urgent Interdict Locus Standi Founding Affidavit Requirements Commissioning of Affidavits

Case Brief

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Parties

Vuyisile Charles Ndabeni

Applicant

Global Tourism Legacy Networks (Pty) Ltd

Applicant

Lengau Africa Investment (Pty) Ltd

Applicant

Motswana Re Na Le Rona NPC

Applicant

Sophie Mokotedi

Respondent

Pilanesberg Global Resorts (Pty) Ltd

Respondent

Pilanesberg Intergrated Safaris (Pty) Ltd

Respondent

North West Parks and Tourism Board

Respondent

Tourvest (Pty) Ltd

Respondent

Mankwe Game Trackers (Pty) Ltd

Respondent

Sun International of South Africa

Respondent

Procedural Posture

Urgent Application / Reasons for Order Following Urgent Application Hearing

Legal Issues

  1. 1 Whether the applicants were properly before the court and authorized to bring the application.
  2. 2 Whether the founding affidavit complied with the requirements for commissioning and content.
  3. 3 Whether the applicants established locus standi for the relief sought.

Ratio Decidendi

The court found that the second, third, and fourth applicants were not properly before the court, as there was insufficient evidence of their authorization for Mr. Ndabeni to act on their behalf. The resolution relied upon was only signed by Mr. Ndabeni and did not include signatures from other representatives. Furthermore, Mr. Ndabeni is neither an attorney nor an advocate, and artificial persons must be represented by legal practitioners in court. The founding affidavit was not properly commissioned, lacking the required certification by the commissioner of oaths. No application for condonation of noncompliance was made. The founding affidavit did not establish locus standi or a cause...

Court Disposition

Application dismissed; no order as to costs.

Orders

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