P.M obo a Minor v MEC for Health Gauteng (2022/23339) [2024] ZAGPJHC 981 (10 September 2024)

P.M obo a Minor v MEC for Health Gauteng (2022/23339) [2024] ZAGPJHC 981 (10 September 2024)

The court found that the applicant, through her legal representative Mr Malatji, repeatedly failed to comply with the order of Goodman AJ, which required the establishment of a trust and the provision of detailed affidavits before any interim payment application could be re-enrolled. The urgency claimed was not substantiated, particularly after the respondent tendered R2 million as an interim payment. Mr Malatji's conduct, including unfounded personal attacks on judges and opposing counsel, disregard for binding court orders, and repeated enrolment of duplicate urgent applications, amounted to gross professional misconduct. The court held that such conduct was not in the best interests of...

Citation
[2024] ZAGPJHC 981
Parties
Applicant: P[…] M[…] obo a Minor; Respondent: MEC for Health Gauteng
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 September 2024
Case Number
2022/23339
Procedural Posture
Urgent Application / Application to Strike Interim Payment Application From the Roll and Determination of Costs
Outcome
Application struck from the roll; punitive costs order against applicant's legal representative.
Judges
A Bester
Legal Topics
Interim Payment, Costs De Bonis Propriis, Best Interests of Child, Contempt of Court, Trust Establishment, Urgent Application Requirements
Civil Procedure Family and Children Interim Payment Costs De Bonis Propriis Best Interests of Child Contempt of Court Trust Establishment Urgent Application Requirements

Case Brief

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Parties

P[…] M[…] obo a Minor

Applicant

MEC for Health Gauteng

Respondent

Procedural Posture

Urgent Application / Application to Strike Interim Payment Application From the Roll and Determination of Costs

Legal Issues

  1. 1 Whether the applicant's urgent interim payment application complies with prior court orders and procedural requirements.
  2. 2 Whether the conduct of the applicant's legal representative, Mr Malatji, warrants a punitive costs order de bonis propriis.
  3. 3 Whether the best interests of the minor child have been served by the repeated urgent applications and refusal to comply with court orders.

Ratio Decidendi

The court found that the applicant, through her legal representative Mr Malatji, repeatedly failed to comply with the order of Goodman AJ, which required the establishment of a trust and the provision of detailed affidavits before any interim payment application could be re-enrolled. The urgency claimed was not substantiated, particularly after the respondent tendered R2 million as an interim payment. Mr Malatji's conduct, including unfounded personal attacks on judges and opposing counsel, disregard for binding court orders, and repeated enrolment of duplicate urgent applications, amounted to gross professional misconduct. The court held that such conduct was not in the best interests of...

Court Disposition

Application struck from the roll; punitive costs order against applicant's legal representative.

Orders

  • The application is struck from the roll.
  • Mr Selaelo Malatji is ordered to pay the costs of the respondent de bonis propriis on the attorney and client scale, including the costs of senior counsel.