P.M obo M.M v Nkomo-Ralehoko and Others (2022/23339) [2024] ZAGPJHC 913 (10 September 2024)
The court found that the matter lacked urgency, as the respondent's condonation application for non-compliance with the earlier order was pending and the trial was set for a future date. The applicant's request for contempt proceedings and an interim payment was premature. The court determined that it would be...
Source-derived case information.
- Citation
- [2024] ZAGPJHC 913
- Parties
- Applicant: P[...] M[...] obo Minor M[...] D[...] M[...]; Respondent: Mrs Nomantu Nkomo-Ralehoko (MEC); Respondent: MEC for Health GP Department of Health; Respondent: Mr Mhawukela Khoza, Legal Officer (MEC); Respondent: Premier of Gauteng Provincial Government; Respondent: Minister of Police; Respondent: National Commissioner of the South African; Respondent: The State Attorney Johannesburg
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 2022/23339
- Procedural Posture
- Urgent Application / Application for Contempt and Interim Payment; Opposed by Condonation Application
- Outcome
- Application removed from the roll; costs reserved.
- Judges
- Wright
- Legal Topics
- Contempt of Court, Interim Payment, Trial Readiness, Urgent Application
Source-derived case record
Summary, issues, holding and outcome
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Parties
P[...] M[...] obo Minor M[...] D[...] M[...]
Applicant
Mrs Nomantu Nkomo-Ralehoko (MEC)
Respondent
MEC for Health GP Department of Health
Respondent
Mr Mhawukela Khoza, Legal Officer (MEC)
Respondent
Premier of Gauteng Provincial Government
Respondent
Minister of Police
Respondent
National Commissioner of the South African
Respondent
The State Attorney Johannesburg
Respondent
Procedural Posture
Urgent Application / Application for Contempt and Interim Payment; Opposed by Condonation Application
Legal Issues
- 1 Whether the MEC for Health should be held in contempt of court for failing to comply with an earlier order regarding trial readiness.
- 2 Whether the applicant is entitled to an urgent interim payment of R13,000,000.
- 3 Whether the matter is urgent given the pending condonation application by the respondent.
Ratio Decidendi
The court found that the matter lacked urgency, as the respondent's condonation application for non-compliance with the earlier order was pending and the trial was set for a future date. The applicant's request for contempt proceedings and an interim payment was premature. The court determined that it would be unwise to proceed with the urgent application before the condonation application was resolved. Accordingly, the application was removed from the roll and costs were reserved.
Court Disposition
Application removed from the roll; costs reserved.
Orders
- The application is removed from the roll.
- Costs are reserved.
Full Case Text
Judgment text and source record
31 paragraphs
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 2022/23339
1. Reportable:
2. Of interest to other judges:
3. Revised:
10 September 2024
In the matter between:
P[...] M[...] OBO MINOR M[...] D[...] M[...] Applicant and MRS NOMANTU NKOMO-RALEHOKO (MEC) 1st Respondent MEC FOR HEALTH GP DEPARTMENT OF HEALTH 2nd Respondent MR MHAWUKELWA KHOZA, LEGAL OFFICER (MEC) 3rd Respondent PREMIER OF GAUTENG PROVINCIAL GOVERNMENT 4th Respondent MINISTER OF POLICE 5th Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN 6th Respondent THE STATE ATTORNEY JOHANNESBURG 7th Respondent
JUDGMENT
WRIGHT J
1. In this action against the MEC for Health, the merits have been conceded.
2. The plaintiff seeks now urgently to hold the MEC in contempt of an earlier court order and that she be sentenced to 2 years’ jail.
3. The earlier order relates to trial readiness.
4. The nub of the present dispute today is that the defendant did not deliver expert reports by 20 August 2024.
5. Also sought is an order that an interim payment of R13 000 000 be made urgently.
6. Related relief is sought.
7. The opposition includes an application by the MEC, seeking condonation for failing to adhere to the court order that the MEC take certain steps regarding preparation for trial on 2 March 2026. That application is in the pipeline.
8. The plaintiff’s attorney, it is common cause, has set the trial down for hearing on that date.
9. On 23 March 2024, the defendant wrote to the plaintiff’s attorney, requesting that the threatened urgent application be held back as the defendant needed funds to secure the reports of experts.
10. Despite the request, the present urgent application was launched on 29 August 2024.
11. This case, like many others is awaiting trial a long time in the future. Much needs to be done between now and trial to get the matter trial ready.
12. In my view, it would be unwise to hear the present application when there is, in the pipeline, an application by the present respondent/defendant, seeking condonation.
13. In my view, there is no urgency in the matter.
ORDER
1. The application is removed, costs reserved -
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD DELIVERED :10 September 2024 :10 September 2024 APPEARANCES: Applicant Instructed by Adv Mashilane mashilane@gmail.com 071 987 7549 Malatji S Attorneys 071 913 4180 malatjislegalpractitioners@gmail.com Respondent Instructed by Adv Dlamini MBA Inc Attorneys aristidis@mbaincorporated.gov.za 011 463 9401