RNS Investment and Another v Mathole (23630/17) [2018] ZAGPPHC 669 (28 August 2018)

RNS Investment and Another v Mathole (23630/17) [2018] ZAGPPHC 669 (28 August 2018)

The court found that the respondent had persistently and without reasonable grounds instituted numerous legal proceedings against the applicants, all of which lacked merit and were intended to harass and prejudice them. The respondent's conduct, including repeated abusive statements and disregard for court orders, constituted a clear abuse of process and vexatious litigation. Previous attempts to curb his conduct, including the order of Mabuse J, had failed. The respondent was held to be in contempt of the Mabuse J order, as he continued to breach its terms by making injurious statements and instituting further proceedings without complying with cost orders. The requirements for contempt...

Citation
[2018] ZAGPPHC 669
Parties
Applicant: RNS Investments (Pty) Limited; Applicant: Nazbro Properties (Pty) Limited; Respondent: Ephraim Mathole
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 August 2018
Case Number
23630/17
Procedural Posture
Urgent Application / Final Judgment After Opposed Motion Roll; Respondent Absent
Outcome
Application granted. Respondent declared a vexatious litigant, held in contempt of court, and sentenced to one year imprisonment wholly suspended, with costs awarded against him.
Judges
Wanless
Legal Topics
Vexatious Litigation, Abuse of Process, Contempt of Court, Costs on Attorney and Client Scale, Leave to Institute Proceedings, Enforcement of Court Orders
Civil Procedure Delict Vexatious Litigation Abuse of Process Contempt of Court Costs on Attorney and Client Scale Leave to Institute Proceedings Enforcement of Court Orders

Case Brief

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Parties

RNS Investments (Pty) Limited

Applicant

Nazbro Properties (Pty) Limited

Applicant

Ephraim Mathole

Respondent

Procedural Posture

Urgent Application / Final Judgment After Opposed Motion Roll; Respondent Absent

Legal Issues

  1. 1 Whether the respondent should be declared a vexatious litigant under section 2(1)(b) of the Vexatious Proceedings Act 3 of 1956.
  2. 2 Whether the respondent is in contempt of the court order granted by Mabuse J on 24 March 2016.
  3. 3 What is the appropriate sanction for contempt of court in this matter.

Ratio Decidendi

The court found that the respondent had persistently and without reasonable grounds instituted numerous legal proceedings against the applicants, all of which lacked merit and were intended to harass and prejudice them. The respondent's conduct, including repeated abusive statements and disregard for court orders, constituted a clear abuse of process and vexatious litigation. Previous attempts to curb his conduct, including the order of Mabuse J, had failed. The respondent was held to be in contempt of the Mabuse J order, as he continued to breach its terms by making injurious statements and instituting further proceedings without complying with cost orders. The requirements for contempt...

Court Disposition

Application granted. Respondent declared a vexatious litigant, held in contempt of court, and sentenced to one year imprisonment wholly suspended, with costs awarded against him.

Orders

  • The respondent is declared a vexatious litigant in terms of section 2(1)(b) of the Vexatious Proceedings Act, No. 3 of 1956 (as amended).
  • No legal proceedings shall be instituted by the respondent against RNS Investments (Pty) Limited and Nazbro Properties (Pty) Limited in any court or inferior court without leave of the court or judge thereof, unless satisfied the proceedings are not an abuse of process and there is prima facie ground for the...