Secona Freight Logistics CC v Samie and Others (1074/2022) [2023] ZASCA 183 (22 December 2023)

Secona Freight Logistics CC v Samie and Others (1074/2022) [2023] ZASCA 183 (22 December 2023)

The Supreme Court of Appeal held that the High Court's order dismissing the point in limine on locus standi was interlocutory and not appealable. The order did not possess the attributes of finality, definitiveness, or disposal of a substantial portion of the relief claimed as set out in Zweni. The matter was not res judicata, and the High Court could revisit the issue when the main application proceeded. The interests of justice did not warrant deviation from the established principles of appealability. The Court expressed disapproval of piecemeal appeals and the use of litigation tactics that delay resolution of the real dispute. Condonation for the late filing of the notice of appeal...

Citation
[2023] ZASCA 183
Parties
Appellant: Secona Freight Logistics CC; Respondent: Koobendran Samie; Respondent: Trustees of the Cato Manor Indian Cemetery and Crematorium Association; Respondent: Ethekwini Metropolitan Municipality; Respondent: Head of Department: Economic Development, Tourism and Environmental Affairs: KwaZulu-Natal; Respondent: MEC for Economic Development, KwaZulu-Natal; Respondent: Chief Director: KwaZulu-Natal Department of Water and Sanitation; Respondent: Minister of Water and Sanitation; Respondent: Amafa aKwaZulu-Natali; Respondent: South African Heritage Resources Agency
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 December 2023
Case Number
1074/2022
Procedural Posture
Civil Appeal / Appeal From Kwa Zulu Natal Division of the High Court, Durban
Outcome
Condonation for the late filing of the notice of appeal is granted and the appeal is reinstated. The appeal is struck off the roll, with no order as to costs.
Judges
Mocumie, Mokgohloa, Goosen, Musi, Masipa
Legal Topics
Locus Standi, Appealability, Public Interest Litigation, Separation of Issues, Uniform Rule 33 4, Condonation
Civil Procedure Constitutional Law Environmental Law Locus Standi Appealability Public Interest Litigation Separation of Issues Uniform Rule 33 4 +1 more

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Parties

Secona Freight Logistics CC

Appellant

Koobendran Samie

Respondent

Trustees of the Cato Manor Indian Cemetery and Crematorium Association

Respondent

Ethekwini Metropolitan Municipality

Respondent

Head of Department: Economic Development, Tourism and Environmental Affairs: KwaZulu-Natal

Respondent

MEC for Economic Development, KwaZulu-Natal

Respondent

Chief Director: KwaZulu-Natal Department of Water and Sanitation

Respondent

Minister of Water and Sanitation

Respondent

Amafa aKwaZulu-Natali

Respondent

South African Heritage Resources Agency

Respondent

Procedural Posture

Civil Appeal / Appeal From Kwa Zulu Natal Division of the High Court, Durban

Legal Issues

  1. 1 Is an order dismissing a point in limine regarding locus standi appealable to the Supreme Court of Appeal?
  2. 2 Does the order possess the attributes of finality, definitiveness, or disposal of a substantial portion of the relief claimed?
  3. 3 Should condonation for the late filing of the notice of appeal be granted?

Ratio Decidendi

The Supreme Court of Appeal held that the High Court's order dismissing the point in limine on locus standi was interlocutory and not appealable. The order did not possess the attributes of finality, definitiveness, or disposal of a substantial portion of the relief claimed as set out in Zweni. The matter was not res judicata, and the High Court could revisit the issue when the main application proceeded. The interests of justice did not warrant deviation from the established principles of appealability. The Court expressed disapproval of piecemeal appeals and the use of litigation tactics that delay resolution of the real dispute. Condonation for the late filing of the notice of appeal...

Court Disposition

Condonation for the late filing of the notice of appeal is granted and the appeal is reinstated. The appeal is struck off the roll, with no order as to costs.

Orders

  • Condonation for the late filing of the notice of appeal is granted and the appeal is reinstated, with no order as to costs.
  • The appeal is struck off the roll, with no order as to costs.