Seithiro and Others v Ratlou Local Municipality and Others (UM13/2021) [2023] ZANWHC 47 (17 April 2023)

Seithiro and Others v Ratlou Local Municipality and Others (UM13/2021) [2023] ZANWHC 47 (17 April 2023)

The court found that the joinder of the third respondent was not necessary, as he was not a party to the proceedings resulting in the relevant court order and cannot be held in contempt for non-compliance. The applicants failed to establish that the third respondent had a direct and substantial interest in the subject matter. Regarding contempt, the applicants did not make out a case with sufficient particularity regarding the payments made or outstanding, and failed to show that the respondents did not comply with the order of 17 September 2021. The confirmatory affidavits of the 2nd to 7th applicants did not demonstrate how they were affected by the resolution or the order. The first...

Citation
[2023] ZANWHC 47
Parties
Applicant: David Seithiro; Applicant: Oabile Seabelo; Applicant: Dominia Dithobiso; Applicant: Mexico Molema; Applicant: Edith Seane; Applicant: Tshepiso Makutle; Applicant: Godsend Mokgope; Respondent: Ratlou Local Municipality; Respondent: Municipal Manager: Ratlou Local Municipality; Respondent: Chief Financial Officer: Ratlou Local Municipality; Respondent: Mayor: Ratlou Local Municipality; Respondent: Speaker: Ratlou Municipality; Respondent: Member of Executive Council: Cooperative Governance, Traditional Affairs and Human Settlements
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
17 April 2023
Case Number
UM13/2021
Procedural Posture
Contempt Application / Judgment After Hearing
Outcome
Application dismissed with costs.
Judges
J T Djaje
Legal Topics
Joinder of Parties, Contempt of Court, Municipal Governance, Remuneration of Councillors
Civil Procedure Administrative Law Joinder of Parties Contempt of Court Municipal Governance Remuneration of Councillors

Case Brief

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Parties

David Seithiro

Applicant

Oabile Seabelo

Applicant

Dominia Dithobiso

Applicant

Mexico Molema

Applicant

Edith Seane

Applicant

Tshepiso Makutle

Applicant

Godsend Mokgope

Applicant

Ratlou Local Municipality

Respondent

Municipal Manager: Ratlou Local Municipality

Respondent

Chief Financial Officer: Ratlou Local Municipality

Respondent

Mayor: Ratlou Local Municipality

Respondent

Speaker: Ratlou Municipality

Respondent

Member of Executive Council: Cooperative Governance, Traditional Affairs and Human Settlements

Respondent

Procedural Posture

Contempt Application / Judgment After Hearing

Legal Issues

  1. 1 Whether the third respondent should be joined as a party to the proceedings.
  2. 2 Whether the respondents are in contempt of the court order dated 17 September 2021.
  3. 3 Whether the applicants have established non-compliance with the court order regarding payment of outstanding salaries.

Ratio Decidendi

The court found that the joinder of the third respondent was not necessary, as he was not a party to the proceedings resulting in the relevant court order and cannot be held in contempt for non-compliance. The applicants failed to establish that the third respondent had a direct and substantial interest in the subject matter. Regarding contempt, the applicants did not make out a case with sufficient particularity regarding the payments made or outstanding, and failed to show that the respondents did not comply with the order of 17 September 2021. The confirmatory affidavits of the 2nd to 7th applicants did not demonstrate how they were affected by the resolution or the order. The first...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the application jointly and severally, the one paying the others to be absolved.