Stellenbosch University v Carlson and Another (12735/2023) [2024] ZAWCHC 385 (22 November 2024)

Stellenbosch University v Carlson and Another (12735/2023) [2024] ZAWCHC 385 (22 November 2024)

The court found that Carlson and the second respondent were declared vexatious litigants and served with the relevant order. Despite this, Carlson instituted proceedings in the Equality Court and the Constitutional Court without obtaining leave, in clear contravention of section 2(1)(b) of the Vexatious Proceedings Act. Carlson's answering affidavit and conduct, including abusive communications and threats, demonstrated wilful and mala fide contempt for the court's authority and the rule of law. The court held that the requirements for contempt were established beyond reasonable doubt. The applicant, though not expressly seeking a criminal sanction, was entitled to act as an informer and...

Citation
[2024] ZAWCHC 385
Parties
Applicant: Stellenbosch University; Respondent: Granville Colin Carlson; Respondent: Goringhaicona Home of Coloured
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
22 November 2024
Case Number
12735/2023
Procedural Posture
Contempt Application / Final Judgment
Outcome
Application granted. Respondents found in contempt of court and sanctioned.
Judges
Pangarker
Legal Topics
Vexatious Litigant, Contempt of Court, Jurisdiction, Traditional Leadership, Constitutional Compliance
Civil Procedure Vexatious Litigant Contempt of Court Jurisdiction Traditional Leadership Constitutional Compliance

Case Brief

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Parties

Stellenbosch University

Applicant

Granville Colin Carlson

Respondent

Goringhaicona Home of Coloured

Respondent

Procedural Posture

Contempt Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents are in contempt of the Nuku J order declaring them vexatious litigants.
  2. 2 Whether the respondents instituted proceedings in the Equality Court without leave of the High Court or a Judge.
  3. 3 Whether the court may impose a criminal sanction for contempt where not expressly sought in the notice of motion.

Ratio Decidendi

The court found that Carlson and the second respondent were declared vexatious litigants and served with the relevant order. Despite this, Carlson instituted proceedings in the Equality Court and the Constitutional Court without obtaining leave, in clear contravention of section 2(1)(b) of the Vexatious Proceedings Act. Carlson's answering affidavit and conduct, including abusive communications and threats, demonstrated wilful and mala fide contempt for the court's authority and the rule of law. The court held that the requirements for contempt were established beyond reasonable doubt. The applicant, though not expressly seeking a criminal sanction, was entitled to act as an informer and...

Court Disposition

Application granted. Respondents found in contempt of court and sanctioned.

Orders

  • It is declared that Granville Colin Carlson and/or King Khoekhoe De Goringhaicona, and Home of Coloured, are in contempt of the order granted by Nuku J on 31 August 2023.
  • The first respondent is directed to withdraw his complaint and application against Stellenbosch University in Equality Court case number EC13/2024 within 10 court days of this order, failing which the application will be deemed withdrawn.