Premier van die Provinsie Mpumalanga en 'n Ander v Stadsraad van Groblersdal (103/96) [1998] ZASCA 20; 1998 (2) SA 1136 (SCA); (25 March 1998)

Premier van die Provinsie Mpumalanga en 'n Ander v Stadsraad van Groblersdal (103/96) [1998] ZASCA 20; 1998 (2) SA 1136 (SCA); (25 March 1998)

The Supreme Court of Appeal held that the appeal had no practical effect or result beyond the issue of costs. The disputed agreement had lapsed, the period for proclamation had expired, and the administration of Groblersdal had been transferred to the Northern Province. There was no longer any live dispute between...

Source-derived case information.

Citation
[1998] ZASCA 20
Parties
Appellant: Premier van die Provinsie Mpumalanga; Appellant: Uitvoerende Raad vir die Provinsie Mpumalanga; Respondent: Stadsraad van Groblersdal
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Case Number
103/96
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court of Appeal
Outcome
Appeal dismissed for lack of practical effect or result.
Judges
Olivier, Smalberger, Howie, Schutz, Farlam
Legal Topics
Local Government Transition, Interdict, Practical Effect Requirement, Costs Order
Administrative Law Civil Procedure Local Government Transition Interdict Practical Effect Requirement Costs Order

Source-derived case record

Summary, issues, holding and outcome

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Parties

Premier van die Provinsie Mpumalanga

Appellant

Uitvoerende Raad vir die Provinsie Mpumalanga

Appellant

Stadsraad van Groblersdal

Respondent

Procedural Posture

Civil Appeal / Final Appeal Before Supreme Court of Appeal

  1. 1 Whether the appeal has any practical effect or result beyond costs.
  2. 2 Whether the requirements of section 21A of the Supreme Court Act 59 of 1959 are met.
  3. 3 Whether the audi alteram partem rule was properly applied in the court a quo.

Ratio Decidendi

The Supreme Court of Appeal held that the appeal had no practical effect or result beyond the issue of costs. The disputed agreement had lapsed, the period for proclamation had expired, and the administration of Groblersdal had been transferred to the Northern Province. There was no longer any live dispute between the parties regarding the subject matter of the appeal, and any decision would not affect their rights or obligations. The court found that neither party had demonstrated that a judgment would have any practical effect or result as required by section 21A of the Supreme Court Act. Accordingly, the appeal was dismissed. Regarding costs, the court exercised its discretion and...

Court Disposition

Appeal dismissed for lack of practical effect or result.

Orders

  • The appeal is dismissed.
  • Each party is to bear its own costs.