Ndabeni and Others v Tshepiso Mphehlo Executive Mayor and Others (Reasons) (598/2024) [2024] ZANWHC 291 (2 December 2024)

Ndabeni and Others v Tshepiso Mphehlo Executive Mayor and Others (Reasons) (598/2024) [2024] ZANWHC 291 (2 December 2024)

The court found that the applicants failed to establish locus standi, as there was no resolution from the second and third applicants authorizing the first applicant to act on their behalf. The founding affidavit was not properly commissioned, lacking the required certification by the commissioner of oaths. No application for condonation of noncompliance with the regulations was made. The founding affidavit did not set out a cause of action connecting the relief sought (an interdict restraining municipal meetings) to the facts alleged. The application was not urgent, and the applicants failed to follow the prescribed procedure under the Promotion of Access to Information Act to obtain the...

Citation
[2024] ZANWHC 291
Parties
Applicant: Vuyisile Charles Ndabeni; Applicant: Global Tourism Legacy Networks (Pty) Ltd; Applicant: Motswana Re Na Le Rona NPC; Respondent: Tshepiso Mphehlo Executive Mayor; Respondent: Mahikeng Executive Council; Respondent: Adv Dineo Mongwaketse; Respondent: Speaker Ms Gagoangwe Mathe
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
2 December 2024
Case Number
598/2024
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, Founding Affidavit Requirements, Commissioning of Affidavits, Urgent Interdict, Municipal Governance
Civil Procedure Administrative Law Locus Standi Founding Affidavit Requirements Commissioning of Affidavits Urgent Interdict Municipal Governance

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

Tshepiso Mphehlo Executive Mayor

Respondent

Mahikeng Executive Council

Respondent

Adv Dineo Mongwaketse

Respondent

Speaker Ms Gagoangwe Mathe

Respondent

Procedural Posture

Urgent Application / Reasons for Order Following Urgent Application

Legal Issues

  1. 1 Whether the applicants established locus standi to bring the application.
  2. 2 Whether the founding affidavit complied with the requirements for commissioning under the regulations.
  3. 3 Whether the applicants made out a cause of action for the relief sought, specifically an interdict restraining the convening of municipal executive council meetings.

Ratio Decidendi

The court found that the applicants failed to establish locus standi, as there was no resolution from the second and third applicants authorizing the first applicant to act on their behalf. The founding affidavit was not properly commissioned, lacking the required certification by the commissioner of oaths. No application for condonation of noncompliance with the regulations was made. The founding affidavit did not set out a cause of action connecting the relief sought (an interdict restraining municipal meetings) to the facts alleged. The application was not urgent, and the applicants failed to follow the prescribed procedure under the Promotion of Access to Information Act to obtain the...

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”.