Nekuvule and Another v Coal of Africa Limited (64389/2014) [2018] ZAGPPHC 503 (29 May 2018)

Nekuvule and Another v Coal of Africa Limited (64389/2014) [2018] ZAGPPHC 503 (29 May 2018)

The court held that the interlocutory order made on 12 February 2018 does not have a final effect, does not resolve a real issue in the main application, and does not infringe any rights. The principle in Zweni v Minister of Law and Order remains good law and has not been overruled or modified by subsequent Constitutional Court or Supreme Court of Appeal decisions. The authorities cited by the applicants, including OUTA and Afriforum, do not support the proposition that all interim orders are appealable. Accordingly, the application for leave to appeal must be dismissed as the threshold for appealability is not met.

Citation
[2018] ZAGPPHC 503
Parties
Applicant: Joseph Muthuphei Nekuvule; Applicant: Kuvule Community; Respondent: Coal of Africa Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 May 2018
Case Number
64389/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
Ranchod
Legal Topics
Appealability of Interlocutory Orders, Leave to Appeal, Final Effect Requirement
Civil Procedure Appealability of Interlocutory Orders Leave to Appeal Final Effect Requirement

Case Brief

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Parties

Joseph Muthuphei Nekuvule

Applicant

Kuvule Community

Applicant

Coal of Africa Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order

Legal Issues

  1. 1 Whether the interlocutory order made on 12 February 2018 is appealable.
  2. 2 Whether the principle in Zweni v Minister of Law and Order remains applicable under the current legal dispensation.
  3. 3 Whether recent Constitutional Court and Supreme Court of Appeal decisions have overruled or modified Zweni.

Ratio Decidendi

The court held that the interlocutory order made on 12 February 2018 does not have a final effect, does not resolve a real issue in the main application, and does not infringe any rights. The principle in Zweni v Minister of Law and Order remains good law and has not been overruled or modified by subsequent Constitutional Court or Supreme Court of Appeal decisions. The authorities cited by the applicants, including OUTA and Afriforum, do not support the proposition that all interim orders are appealable. Accordingly, the application for leave to appeal must be dismissed as the threshold for appealability is not met.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.