Ngonyama N.O. and Others v Eyabantu Capital Consortium (PTY ) Ltd and Others (18790-2020) [2022] ZAGPJHC 852 (30 September 2022)

Ngonyama N.O. and Others v Eyabantu Capital Consortium (PTY ) Ltd and Others (18790-2020) [2022] ZAGPJHC 852 (30 September 2022)

The court found that the order suspending the operation of the default judgments and postponing the contempt proceedings disposed of a substantial part of the relief sought in the contempt application. The court held that the matter had not become moot, as contempt of court is a permanent issue and court orders must...

Source-derived case information.

Citation
[2022] ZAGPJHC 852
Parties
Applicant: Qhawe Hlomele Ngonyama N.O.; Applicant: Khanya Malungelo Ngonyama N.O.; Applicant: Nokwazizwelela Ngonyama N.O.; Applicant: Lulama Smuts Ngonyama; Respondent: Eyabantu Capital Consortium (Pty) Ltd; Respondent: Thabo Sindisa Kwinana; Respondent: Thabo Sindisa Kwinana N.O.; Respondent: Zolisile Mtetelel Mapipa N.O.
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 September 2022
Case Number
18790-2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order Suspending Operation of Default Judgments and Postponing Contempt Proceedings.
Outcome
Leave to appeal granted to a Full Bench.
Judges
H S Coetzee
Legal Topics
Leave to Appeal, Interlocutory Orders, Contempt of Court, Joinder, Suspension of Judgment
Civil Procedure Leave to Appeal Interlocutory Orders Contempt of Court Joinder Suspension of Judgment

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Parties

Qhawe Hlomele Ngonyama N.O.

Applicant

Khanya Malungelo Ngonyama N.O.

Applicant

Nokwazizwelela Ngonyama N.O.

Applicant

Lulama Smuts Ngonyama

Applicant

Eyabantu Capital Consortium (Pty) Ltd

Respondent

Thabo Sindisa Kwinana

Respondent

Thabo Sindisa Kwinana N.O.

Respondent

Zolisile Mtetelel Mapipa N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Order Suspending Operation of Default Judgments and Postponing Contempt Proceedings.

Legal Issues

  1. 1 Whether the order suspending the operation of default judgments and postponing contempt proceedings is final and appealable.
  2. 2 Whether the matter has become moot due to subsequent proceedings.
  3. 3 Whether the applicants have reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the order suspending the operation of the default judgments and postponing the contempt proceedings disposed of a substantial part of the relief sought in the contempt application. The court held that the matter had not become moot, as contempt of court is a permanent issue and court orders must always be obeyed. The court determined that the applicants had reasonable prospects of success on appeal, particularly given the failure to have sufficient regard to the finality of the contempt application. In the interests of justice, leave to appeal should be granted to a Full Bench for reconsideration of the order suspending the judgments and granting the respondents leave...

Court Disposition

Leave to appeal granted to a Full Bench.

Orders

  • The applicants are granted leave to appeal the order of 20 November 2020 to a Full Bench.
  • The costs of the application for leave to appeal are costs in the appeal.