Soyizwaphi v King Sabata Dalindyebo (1229) [2020] ZAECMHC 55 (10 November 2020)

Soyizwaphi v King Sabata Dalindyebo (1229) [2020] ZAECMHC 55 (10 November 2020)

The court found that the applicant instituted proceedings without first notifying the respondent of the drainage problem, and the respondent was unaware of the issue prior to service of the application. The applicant's claim that lockdown prevented notification was contradicted by her ability to serve court papers during the same period. The applicant's founding affidavit was defective and did not comply with statutory requirements for commissioning. On these papers, the applicant would not have succeeded in obtaining final relief. The respondent did not seek costs, and the court, applying the Biowatch principle, declined to award costs against the applicant. The rule nisi was discharged...

Citation
[2020] ZAECMHC 55
Parties
Applicant: Nomta Soyizwapi; Respondent: King Sabata Dalindyebo Municipality
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
10 November 2020
Case Number
1229
Procedural Posture
Urgent Application / Costs Determination After Interim Relief and Compliance
Outcome
Application dismissed; rule nisi discharged; no order as to costs.
Judges
Maswazi
Legal Topics
Municipal Duties, Bill of Rights Limitation, Interim Relief, Commissioning of Affidavits
Administrative Law Civil Procedure Municipal Duties Bill of Rights Limitation Interim Relief Commissioning of Affidavits

Case Brief

Summary, issues, holding and outcome

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Parties

Nomta Soyizwapi

Applicant

King Sabata Dalindyebo Municipality

Respondent

Procedural Posture

Urgent Application / Costs Determination After Interim Relief and Compliance

Legal Issues

  1. 1 Whether the applicant was entitled to costs after the respondent complied with the interim order.
  2. 2 Whether the application was properly brought in terms of the Uniform Rules and the Regulations governing affidavits.
  3. 3 Whether the respondent, as an organ of state, owed a duty to the applicant to act without prior notification.

Ratio Decidendi

The court found that the applicant instituted proceedings without first notifying the respondent of the drainage problem, and the respondent was unaware of the issue prior to service of the application. The applicant's claim that lockdown prevented notification was contradicted by her ability to serve court papers during the same period. The applicant's founding affidavit was defective and did not comply with statutory requirements for commissioning. On these papers, the applicant would not have succeeded in obtaining final relief. The respondent did not seek costs, and the court, applying the Biowatch principle, declined to award costs against the applicant. The rule nisi was discharged...

Court Disposition

Application dismissed; rule nisi discharged; no order as to costs.

Orders

  • The rule nisi issued on the 2nd of April 2020 is hereby discharged.
  • No order as to costs.