Pebe v Pebe and Others (04/2024) [2025] ZANWHC 114 (4 July 2025)

Pebe v Pebe and Others (04/2024) [2025] ZANWHC 114 (4 July 2025)

The court found that the applicant, although cited in her personal capacity, had locus standi derived from her letters of authority as executrix of her late husband's estate. However, the Tribal Authority, as the titleholder and administrator of the land on which the Rearabile Liquor Restaurant operates, has a direct and substantial interest in the subject matter. The failure to join the Tribal Authority as a party is fatal to the application. Furthermore, the applicant failed to establish the requirements for a final interdict, as she did not demonstrate a clear right to the assets or that the transfer of the liquor licence and vehicle was valid. The business and assets are subject to...

Citation
[2025] ZANWHC 114
Parties
Applicant: Boitumelo Tsholofelo Promise Pebe; Respondent: Keolebogile Pebe; Respondent: Thatoyaone Ramorwa; Respondent: Kgalalelo Pebe; Respondent: Mothusi Pebe; Respondent: Bathusi Pebe; Respondent: Botshadinyane Thobejane; Respondent: Tshepo Thobejane; Respondent: Keamogetswe Pebe; Respondent: Tebogo Pebe
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
4 July 2025
Case Number
04/2024
Procedural Posture
Urgent Application / Final Determination of Opposed Urgent Application
Outcome
Application dismissed with costs.
Judges
A Reddy
Legal Topics
Interim Interdict, Locus Standi, Non Joinder, Informal Land Rights, Estate Administration
Land and Property Civil Procedure Interim Interdict Locus Standi Non Joinder Informal Land Rights Estate Administration

Case Brief

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Parties

Boitumelo Tsholofelo Promise Pebe

Applicant

Keolebogile Pebe

Respondent

Thatoyaone Ramorwa

Respondent

Kgalalelo Pebe

Respondent

Mothusi Pebe

Respondent

Bathusi Pebe

Respondent

Botshadinyane Thobejane

Respondent

Tshepo Thobejane

Respondent

Keamogetswe Pebe

Respondent

Tebogo Pebe

Respondent

Procedural Posture

Urgent Application / Final Determination of Opposed Urgent Application

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the application in her personal capacity.
  2. 2 Whether the Tribal Authority ought to have been joined as a necessary party due to its direct and substantial interest.
  3. 3 Whether the requirements for a final interdict have been met by the applicant.

Ratio Decidendi

The court found that the applicant, although cited in her personal capacity, had locus standi derived from her letters of authority as executrix of her late husband's estate. However, the Tribal Authority, as the titleholder and administrator of the land on which the Rearabile Liquor Restaurant operates, has a direct and substantial interest in the subject matter. The failure to join the Tribal Authority as a party is fatal to the application. Furthermore, the applicant failed to establish the requirements for a final interdict, as she did not demonstrate a clear right to the assets or that the transfer of the liquor licence and vehicle was valid. The business and assets are subject to...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.