Thabazimbi Local Municipality and Others v ABSA Bank Limited Others (11869/2023) [2024] ZALMPPHC 157 (9 April 2024)

Thabazimbi Local Municipality and Others v ABSA Bank Limited Others (11869/2023) [2024] ZALMPPHC 157 (9 April 2024)

The court held that an application for reconsideration under section 17(2)(f) of the Superior Courts Act does not suspend the operation of the impugned judgment and orders. The distinction between an application for leave to appeal and one for reconsideration is clear in the jurisprudence, and the Act does not provide for automatic suspension in the latter case. The applicants failed to address the requirements for interim relief and did not demonstrate irreparable harm. The relief sought had previously been granted and was not subject to appeal, and the court was not empowered to review another judge's order. The application was found to be an abuse of process and was dismissed with costs.

Citation
[2024] ZALMPPHC 157
Parties
Applicant: Thabazimbi Local Municipality; Applicant: Letseka Gladwin Thoubatla; Applicant: Kedisaletse Johannes Matlou; Respondent: ABSA Bank Limited; Respondent: Lindiwe Patricia Makaya; Respondent: Papula Lucky Mogorosi; Respondent: Butana Ben Thhabadira Services; Respondent: Democratic Alliance
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
9 April 2024
Case Number
11869/2023
Procedural Posture
Urgent Application / Application for Declaratory Relief and Suspension of Orders Pending Reconsideration Application Before SCA President
Outcome
Application dismissed with costs.
Judges
Makoti
Legal Topics
Superior Courts Act Section 17 2 F, Suspension of Orders, Reconsideration Application, Interim Relief, Abuse of Process
Civil Procedure Superior Courts Act Section 17 2 F Suspension of Orders Reconsideration Application Interim Relief Abuse of Process

Case Brief

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Parties

Thabazimbi Local Municipality

Applicant

Letseka Gladwin Thoubatla

Applicant

Kedisaletse Johannes Matlou

Applicant

ABSA Bank Limited

Respondent

Lindiwe Patricia Makaya

Respondent

Papula Lucky Mogorosi

Respondent

Butana Ben Thhabadira Services

Respondent

Democratic Alliance

Respondent

Procedural Posture

Urgent Application / Application for Declaratory Relief and Suspension of Orders Pending Reconsideration Application Before SCA President

Legal Issues

  1. 1 Does an application for reconsideration under section 17(2)(f) of the Superior Courts Act suspend the operation of the impugned judgment and orders?
  2. 2 Are the applicants entitled to a declaratory order that the previous orders are suspended pending the outcome of the reconsideration application?
  3. 3 Should the applicants be granted interim relief under section 18 of the Superior Courts Act?

Ratio Decidendi

The court held that an application for reconsideration under section 17(2)(f) of the Superior Courts Act does not suspend the operation of the impugned judgment and orders. The distinction between an application for leave to appeal and one for reconsideration is clear in the jurisprudence, and the Act does not provide for automatic suspension in the latter case. The applicants failed to address the requirements for interim relief and did not demonstrate irreparable harm. The relief sought had previously been granted and was not subject to appeal, and the court was not empowered to review another judge's order. The application was found to be an abuse of process and was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.