Nduna v Premier of Eastern Cape and Others (4009/2015) [2021] ZAECGHC 65 (20 July 2021)
- Citation
- [2021] ZAECGHC 65
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Eastern Cape High Court, Grahamstown
- Panel
- Swartbooi
- Case number
- 4009/2015
More details
- Court
- Eastern Cape High Court, Grahamstown
- Panel
- Swartbooi
- Case number
- 4009/2015
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion from the orders made in case numbers 4010/2015 and 4009/2015. The judge considered both the written and oral submissions of the applicant and applied the standard set out in section 17 of the Superior Courts Act. The absence of compelling reasons or prospects of success led to the dismissal of the application for leave to appeal.
Court disposition
Application for leave to appeal dismissed.
Orders
- The applications for leave to appeal in case no: 4010/2015 and case no: 4009/2015 are dismissed.
02
Material facts
Parties
Bantubonke Nduna
Applicant Counsel: In personPremier of Eastern Cape
Respondent Counsel: State AttorneyEastern Cape Member of the Executive Council for Local Government and Traditional Affairs
Respondent Counsel: State AttorneyCommission on Traditional Leadership Disputes and Claims
Respondent Counsel: State AttorneyEastern Cape Provincial Committee of the Commission on Traditional Leadership Disputes and Claims
RespondentEastern Cape Provincial House of Traditional Leaders
Respondent Counsel: State AttorneyMncedisi Jongulundi Gungubele
Respondent Counsel: Fihla & AssociatesThsatshu Traditional Council Cofimvaba
Respondent Counsel: Fihla & AssociatesWestern Tembuland Regional Council/Authority
RespondentKing of Abathembu
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 17 June 2021.
04
Questions and positions
Legal issues
- 01
Whether the applicant has demonstrated reasonable prospects that another court would reach a different conclusion.
- 02
Whether leave to appeal should be granted in terms of section 17 of the Superior Courts Act.
Party arguments
- Applicant
- The applicant, a lay person representing himself, argued that the judgment delivered on 17 June 2021 was incorrect and that there are grounds for another court to reach a different conclusion. He relied on his written submissions and oral representations to support his application for leave to appeal.
- Respondent
- The respondents made no appearance and did not submit arguments opposing the application for leave to appeal.
05
Court’s reasoning
Legal principles
- 01
Section 17 of the Superior Courts Act
Leave to appeal may only be granted if the court is of the opinion that the appeal would have reasonable prospects of success or there is some other compelling reason for the appeal to be heard.
- 02
Nduna v Premier of Eastern Cape and Others (4009/2015) [2021] ZAECGHC 65
Self-representation by a lay litigant does not alter the legal standard for granting leave to appeal.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion from the orders made in case numbers 4010/2015 and 4009/2015. The judge considered both the written and oral submissions of the applicant and applied the standard set out in section 17 of the Superior Courts Act. The absence of compelling reasons or prospects of success led to the dismissal of the application for leave to appeal.
Obiter and limits
- The applicant's status as a lay person and his self-representation were noted, but did not affect the outcome.
- The court acknowledged the applicant's efforts in drafting and presenting his own application papers.
Court disposition
Application for leave to appeal dismissed.
- The applications for leave to appeal in case no: 4010/2015 and case no: 4009/2015 are dismissed.
Source and reliance status
Eastern Cape High Court, Grahamstown
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Eastern Cape High Court, Grahamstown
Judgment
IN THE HIGH COURT OF SOUTH
AFRICA
EASTERN CAPE DIVISION -
GRAHAMSTOWN
CASE NO: 4009/2015
In the matter between
BANTUBONKE
NDUNA
APPLICANT
and
THE PREMIER OF EASTERN
CAPE
FIRST RESPONDENT
EASTERN CAPE MEMBER OF THE
EXECUTIVE COUNCIL FOR LOCAL
GOVERNMENT AND TRADITIONAL
AFFAIRS
SECOND RESPONDENT
COMMISSION ON TRADITIONAL
LEADERSHIP DISPUTES AND
CLAIMS
THIRD RESPONDENT
EASTERN CAPE PROVINCIAL
COMMITTEE
OF THE COMMISSION ON
TRADITIONAL
LEADERSHIP DISPUTES AND
CLAIMS
FOURTH RESPONDENT
EASTERN CAPE PROVIINCIAL
HOUSE
OF TRADITIONAL
LEADERS
FIFTH RESPONDENT
MNCEDISI JONGULUNDI
GUNGUBELE
SIXTH RESPONDENT
THSATSHU TRADITIONAL
COUNCIL
COFIMVABA
SEVENTH RESPONDENT
WESTERN TEMBULAND REGIONAL
COUNCIL/AUTHORITY
EIGHTH
RESPONDENT
KING OF
ABATHEMBU
NINTH RESPONDENT
CASE NO: 4010/2015
THE PREMIER OF THE PROVINCE
OF
EASTERN
CAPE
FIRST RESPONDENT
EASTERN CAPE MEMBER OF THE
EXECUTIVE
COUNCIL FOR LOCAL
GOVERNMENT AND
TRADITIONAL
AFFAIRS
SECOND RESPONDENT
COMMISSION ON TRADITIONAL
LEADERSHIP
DISPUTES AND
CLAIMS
THIRD RESPONDENT
OF THE COMMISSION OF
TRADITIONAL
EASTERN CAPE PROVIINCIAL
HOUSE OF
TRADITIONAL
LEADERS
FIFTH RESPONDENT
NKOSIPHENDULE
MTIRARA
SIXTH RESPONDENT
PHINDISILE JONGIXHANTI
MTIRARA
SEVENTH RESPONDENT
HALA TRADITIONAL COUNCIL
LADY FRERE
EIGHTH RESPONDENT
XOLILE
MFANTA
NINTH RESPONDENT
NONESI TRADITIONAL COUNCIL
LADY FRERE
TENTH RESPONDENT
WESTERN TEMBULAND REGIONAL
COUNCIL
AUTHORITY
ELEVENTH RESPONDENT
KING OF
ABATHEMBU
TWELFTH RESPONDENT
JUDGEMENT:
APPLICATION FOR LEAVE TO APPEAL
1. The applicant (Mr Bantubonke Nduna) seeks leave to appeal against my judgement that was delivered on the 17th June 2021.
2. The applicant who is a legal lay person persists in representing himself. This includes the drafting of his application papers and Court appearances. Unfortunately, this has manifested particularly in his written application for leave to appeal.
3. Nevertheless, I am alive to the circumstances under which leave to appeal may be granted in terms of Section 17 the Superior Courts Act.
4. I have considered the applicants written application for leave to appeal and his representations before me.
5. For the reasons set out in m judgement, I am of the view that there are no reasonable prospects that another Court would find differently from the orders I have made in case no: 4010/2015 and in case no: 4009/2015.
6. In the result, I am satisfied t at an appeal would not have reasonable prospects of success, and the application for leave to appeal is accordingly dismissed.
Order:
In the result, I make the following order.
I am not satisfied that an appeal would have reasonable prospects of success, and the applications for leave to appeal in case no: 4010/2015 and in case no: 4009/2015 are accordingly dismissed.
______
SWARTBOOI AJ
HIGH COURT ACTING JUDGE
HEARD ON
: 09TH JULY 2021
DELIVERED ON
: 20TH JULY 2021
FOR THE
APPLICANT
: IN
PERSON
FOR 1, 2, 3 AND 5 RESPONDENTS :
NO APPEARANCE
STATE ATTORNEY
C/O MASEKO TILANA INC
FOR 6 AND 7 RESPONDENTS
IN CASE NO: 4009/2015 : NO
APPEARANCE
FIHLA & ASSOCIATES
C/O M GODOLOZI ATTORNEYS
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.