Nduna v Premier of Eastern Cape and Others (4009/2015) [2021] ZAECGHC 65 (20 July 2021)

Nduna v Premier of Eastern Cape and Others (4009/2015) [2021] ZAECGHC 65 (20 July 2021)

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.

Citation
[2021] ZAECGHC 65
Parties
Applicant: Bantubonke Nduna; Respondent: Premier of Eastern Cape; Respondent: Eastern Cape Member of the Executive Council for Local Government and Traditional Affairs; Respondent: Commission on Traditional Leadership Disputes and Claims; Respondent: Eastern Cape Provincial Committee of the Commission on Traditional Leadership Disputes and Claims; Respondent: Eastern Cape Provincial House of Traditional Leaders; Respondent: Mncedisi Jongulundi Gungubele; Respondent: Thsatshu Traditional Council Cofimvaba; Respondent: Western Tembuland Regional Council/Authority; Respondent: King of Abathembu
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
20 July 2021
Case Number
4009/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 17 June 2021.
Outcome
Application for leave to appeal dismissed.
Judges
Swartbooi
Legal Topics
Leave to Appeal, Prospects of Success, Superior Courts Act, Self Represented Litigant
Civil Procedure Leave to Appeal Prospects of Success Superior Courts Act Self Represented Litigant

Case Brief

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Parties

Bantubonke Nduna

Applicant

Premier of Eastern Cape

Respondent

Eastern Cape Member of the Executive Council for Local Government and Traditional Affairs

Respondent

Commission on Traditional Leadership Disputes and Claims

Respondent

Eastern Cape Provincial Committee of the Commission on Traditional Leadership Disputes and Claims

Respondent

Eastern Cape Provincial House of Traditional Leaders

Respondent

Mncedisi Jongulundi Gungubele

Respondent

Thsatshu Traditional Council Cofimvaba

Respondent

Western Tembuland Regional Council/Authority

Respondent

King of Abathembu

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 17 June 2021.

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects that another court would reach a different conclusion.
  2. 2 Whether leave to appeal should be granted in terms of section 17 of the Superior Courts Act.

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.

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.