Ndlovu v Bothma and Others (67546/2018) [2024] ZAGPPHC 1107 (24 October 2024)

Ndlovu v Bothma and Others (67546/2018) [2024] ZAGPPHC 1107 (24 October 2024)

The court found that the first and fourth respondents failed to comply with the court order of 15 June 2023 by not providing the required statement of account and supporting documents, including bank statements. The respondents did not offer any valid reasons for their non-compliance. The court concluded that the non-compliance was both wilful and mala fide, satisfying the requirements for contempt of court as set out in Fakie NO v CCII Systems (Pty) Ltd. Accordingly, the first respondent was found guilty of contempt and an order for his committal to imprisonment was granted, suspended for three days to allow settlement of the balance payable to the applicant.

Citation
[2024] ZAGPPHC 1107
Parties
Applicant: Dabane Isaac Ndlovu; Respondent: Hermanus Johannes Wessels Bothma; Respondent: Bothma Incorporated; Respondent: The Law Society of the Northern Provinces; Respondent: Brakspruit Boerdery Trust
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 October 2024
Case Number
67546/2018
Procedural Posture
Contempt Application / Judgment
Outcome
First respondent found guilty of contempt of court; order for committal to imprisonment granted, suspended for three days to allow settlement; costs awarded against first and fourth respondents jointly and severally.
Judges
R. Francis-Subbiah
Legal Topics
Contempt of Court, Compliance With Court Orders, Wilful Default, Mala Fides
Civil Procedure Contempt of Court Compliance With Court Orders Wilful Default Mala Fides

Case Brief

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Parties

Dabane Isaac Ndlovu

Applicant

Hermanus Johannes Wessels Bothma

Respondent

Bothma Incorporated

Respondent

The Law Society of the Northern Provinces

Respondent

Brakspruit Boerdery Trust

Respondent

Procedural Posture

Contempt Application / Judgment

Legal Issues

  1. 1 Whether the first and fourth respondents are in contempt of the court order granted on 15 June 2023.
  2. 2 Whether the non-compliance with the court order was wilful and mala fide.
  3. 3 Whether the first respondent should be committed to imprisonment for contempt.

Ratio Decidendi

The court found that the first and fourth respondents failed to comply with the court order of 15 June 2023 by not providing the required statement of account and supporting documents, including bank statements. The respondents did not offer any valid reasons for their non-compliance. The court concluded that the non-compliance was both wilful and mala fide, satisfying the requirements for contempt of court as set out in Fakie NO v CCII Systems (Pty) Ltd. Accordingly, the first respondent was found guilty of contempt and an order for his committal to imprisonment was granted, suspended for three days to allow settlement of the balance payable to the applicant.

Court Disposition

First respondent found guilty of contempt of court; order for committal to imprisonment granted, suspended for three days to allow settlement; costs awarded against first and fourth respondents jointly and severally.

Orders

  • The first respondent, Hermanus Johannes Wessels Bothma, is declared guilty of contempt of court for intentionally and unlawfully refusing to comply with the order granted on 15 June 2023.
  • An order committing the first respondent to imprisonment for a period of 60 days is granted and a warrant for his arrest is authorized.