Skhosana and Another v Makhalini Womlambo Communal Property Association (Leave to Appeal) (1877/22) [2025] ZAMPMHC 25 (15 April 2025)

Skhosana and Another v Makhalini Womlambo Communal Property Association (Leave to Appeal) (1877/22) [2025] ZAMPMHC 25 (15 April 2025)

The court found that, although its previous judgment was not dispositive of the matter, the issues raised by the applicants regarding the interpretation of the respondent's constitution and the Communal Properties Associations Act present compelling reasons for the appeal to be heard. The applicants' condonation application for late filing was not opposed and was granted. The court concluded that clarity from the Supreme Court of Appeal is warranted on these legal questions, and therefore leave to appeal should be granted.

Citation
[2025] ZAMPMHC 25
Parties
Applicant: Botwana Witbooi Skhosana; Applicant: Mandla John Skhosana; Respondent: Makhalini Womlambo Communal Property Association
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
15 April 2025
Case Number
1877/22
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application
Outcome
Leave to appeal granted to the Supreme Court of Appeal; condonation for late filing granted; costs to be costs in the appeal.
Judges
K F Phahlamohlaka
Legal Topics
Leave to Appeal, Communal Property Associations Act, Condonation, Interpretation of Constitution, Costs in Appeal
Land and Property Civil Procedure Leave to Appeal Communal Property Associations Act Condonation Interpretation of Constitution Costs in Appeal

Case Brief

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 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Botwana Witbooi Skhosana

Applicant

Mandla John Skhosana

Applicant

Makhalini Womlambo Communal Property Association

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there are compelling reasons for the appeal to be heard, including clarity on the interpretation of the respondent's constitution and the Communal Properties Associations Act.
  3. 3 Whether condonation for the late filing of the application for leave to appeal should be granted.

Ratio Decidendi

The court found that, although its previous judgment was not dispositive of the matter, the issues raised by the applicants regarding the interpretation of the respondent's constitution and the Communal Properties Associations Act present compelling reasons for the appeal to be heard. The applicants' condonation application for late filing was not opposed and was granted. The court concluded that clarity from the Supreme Court of Appeal is warranted on these legal questions, and therefore leave to appeal should be granted.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal; condonation for late filing granted; costs to be costs in the appeal.

Orders

  • Condonation is granted for the late noting of the application for leave to appeal.
  • Leave to appeal is granted to the Supreme Court of Appeal.