Rhweba Butterworth (Pty) Ltd and Another v Mntonga In re: Rhweba Butterworth (Pty) Ltd and Another v Mntonga and Others (5368/2021) [2022] ZAECMHC 9 (3 May 2022)

Rhweba Butterworth (Pty) Ltd and Another v Mntonga In re: Rhweba Butterworth (Pty) Ltd and Another v Mntonga and Others (5368/2021) [2022] ZAECMHC 9 (3 May 2022)

The court found that the order issued on 21 December 2021 was an interim order and not a final decision as defined in Zweni. It did not dispose of the rights of the parties or grant definitive relief, and therefore was not suspended pending appeal or petition under section 18(1) of the Superior Courts Act. The...

Source-derived case information.

Citation
[2022] ZAECMHC 9
Parties
Applicant: Rhweba Butterworth (Pty) Ltd; Applicant: Rhweba Trading 1120 CC; Respondent: Lubabalo Brown Mntonga
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
3 May 2022
Case Number
5368/2021
Procedural Posture
Urgent Application / Application for Contempt of Court Order and Related Relief
Outcome
Application granted in part: respondent ordered to comply with the court order within three days; costs awarded on a party and party scale.
Judges
M.S. Jolwana
Legal Topics
Contempt of Court, Interim Interdict, Rule Nisi, Urgency, Costs Order
Civil Procedure Contempt of Court Interim Interdict Rule Nisi Urgency Costs Order

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rhweba Butterworth (Pty) Ltd

Applicant

Rhweba Trading 1120 CC

Applicant

Lubabalo Brown Mntonga

Respondent

Procedural Posture

Urgent Application / Application for Contempt of Court Order and Related Relief

Legal Issues

  1. 1 Whether the respondent is in contempt of the court order issued on 21 December 2021.
  2. 2 Whether the court order is suspended pending appeal or petition to the Supreme Court of Appeal.
  3. 3 Whether the order is interlocutory or interim and its effect on suspension pending appeal.

Ratio Decidendi

The court found that the order issued on 21 December 2021 was an interim order and not a final decision as defined in Zweni. It did not dispose of the rights of the parties or grant definitive relief, and therefore was not suspended pending appeal or petition under section 18(1) of the Superior Courts Act. The respondent's reliance on legal advice that the order was suspended was misplaced, and while he was not found in contempt due to his reliance on incorrect legal advice, he was directed to comply with the order immediately. The application was urgent due to the ongoing disregard of the court order and the public interest in upholding the rule of law. The request for a punitive costs...

Court Disposition

Application granted in part: respondent ordered to comply with the court order within three days; costs awarded on a party and party scale.

Orders

  • The respondent, Mr Lubabalo Brown Mntonga, is directed to immediately comply with the court order of Griffiths J issued on 21 December 2021 and must do so not later than 3 days from the date of service of this court order.
  • This court order must be served together with the court order issued on 21 December 2021 upon the respondent and upon the manager or person in charge at Debonairs Pizza, Mthatha Plaza or any responsible employee thereat.