Ndabeni and Others v Premier Kagiso Mokgosi and Others (Reasons) (6058/2024) [2024] ZANWHC 292 (3 December 2024)

Ndabeni and Others v Premier Kagiso Mokgosi and Others (Reasons) (6058/2024) [2024] ZANWHC 292 (3 December 2024)

The application was dismissed because the applicants failed to establish locus standi, as no proper resolution authorized the first applicant to act for the second and third applicants. The founding affidavit and supporting documents were not properly commissioned, and no application for condonation of noncompliance was made. The relief sought was not connected to the cause of action, and urgency was not established. The second and third applicants were not properly before the court, and only the first applicant remained, who also failed to make out a case for the relief sought. Costs were awarded against the first applicant on a party and party scale.

Citation
[2024] ZANWHC 292
Parties
Applicant: Vuyisile Charles Ndabeni; Applicant: Global Tourism Legacy Networks (Pty) Ltd; Applicant: Motswana Re Na Le Rona NPC; Respondent: Premier Kagiso Mokgosi; Respondent: North West Executive Council; Respondent: MEC Bitsa Lenkopane; Respondent: MEC Kenetswe Mosenogi; Respondent: Speaker Desbo Mohono; Respondent: North West Parks and Tourism Board
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
3 December 2024
Case Number
6058/2024
Procedural Posture
Urgent Application / Reasons for Order Following Urgent Application
Outcome
Application dismissed with costs against the first applicant.
Judges
T Masike
Legal Topics
Locus Standi, Urgent Interdict, Founding Affidavit Requirements, Commissioning of Affidavits, Judicial Oversight
Civil Procedure Administrative Law Locus Standi Urgent Interdict Founding Affidavit Requirements Commissioning of Affidavits Judicial Oversight

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

Premier Kagiso Mokgosi

Respondent

North West Executive Council

Respondent

MEC Bitsa Lenkopane

Respondent

MEC Kenetswe Mosenogi

Respondent

Speaker Desbo Mohono

Respondent

North West Parks and Tourism Board

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 application was urgent and complied with Rule 6(12) of the Uniform Rules.
  3. 3 Whether the founding affidavit and supporting documents were properly commissioned.

Ratio Decidendi

The application was dismissed because the applicants failed to establish locus standi, as no proper resolution authorized the first applicant to act for the second and third applicants. The founding affidavit and supporting documents were not properly commissioned, and no application for condonation of noncompliance was made. The relief sought was not connected to the cause of action, and urgency was not established. The second and third applicants were not properly before the court, and only the first applicant remained, who also failed to make out a case for the relief sought. Costs were awarded against the first applicant on a party and party scale.

Court Disposition

Application dismissed with costs against the first applicant.

Orders

  • The application is dismissed.
  • The first applicant is ordered to pay the costs of the application on a party and party scale, Scale 'B'.