Twilight Breeze Trading 119 CC and Another v Mantsopa Local Municipality and Others (4134/2017) [2018] ZAFSHC 5 (1 February 2018)

Twilight Breeze Trading 119 CC and Another v Mantsopa Local Municipality and Others (4134/2017) [2018] ZAFSHC 5 (1 February 2018)

The court found that the applicants' contract as Pound Master had expired and was not renewed. There was no evidence that the applicants submitted a valid application in response to the latest advertisement, nor that the process was flawed in a manner that would entitle them to relief. The municipality was entitled to appoint a new Pound Master, and the applicants' continued occupation of the pound property was unlawful in the absence of a valid contract. The pending review application did not confer a right to remain in occupation. The requirements of the advertisement were clear and complied with the relevant provincial notice, and the appointment of the third respondent was not shown...

Citation
[2018] ZAFSHC 5
Parties
Applicant: Twilight Breeze Trading 119 CC; Applicant: Samila Abdula; Respondent: Mantsopa Local Municipality; Respondent: The Municipal Manager: Mantsopa Local Municipality; Respondent: Ntilane Hanyane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 February 2018
Case Number
4134/2017
Procedural Posture
Urgent Application / Rule Nisi and Interim Interdict Pending Review; Final Determination of Interim Relief
Outcome
Application dismissed; rule nisi discharged; costs awarded against applicants jointly and severally.
Judges
MBHELE
Legal Topics
Municipal Tender Process, Appointment of Pound Master, Service Level Agreement, Security of Tenure, Review of Administrative Action
Administrative Law Land and Property Municipal Tender Process Appointment of Pound Master Service Level Agreement Security of Tenure Review of Administrative Action

Case Brief

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Parties

Twilight Breeze Trading 119 CC

Applicant

Samila Abdula

Applicant

Mantsopa Local Municipality

Respondent

The Municipal Manager: Mantsopa Local Municipality

Respondent

Ntilane Hanyane

Respondent

Procedural Posture

Urgent Application / Rule Nisi and Interim Interdict Pending Review; Final Determination of Interim Relief

Legal Issues

  1. 1 Whether the applicants are entitled to remain in occupation of the municipal pound pending the outcome of the review application.
  2. 2 Whether the appointment of the third respondent as Pound Master was lawful and in accordance with the municipality's policies.
  3. 3 Whether the applicants' contract as Pound Master was validly terminated and whether they have any residual rights to occupy the property.

Ratio Decidendi

The court found that the applicants' contract as Pound Master had expired and was not renewed. There was no evidence that the applicants submitted a valid application in response to the latest advertisement, nor that the process was flawed in a manner that would entitle them to relief. The municipality was entitled to appoint a new Pound Master, and the applicants' continued occupation of the pound property was unlawful in the absence of a valid contract. The pending review application did not confer a right to remain in occupation. The requirements of the advertisement were clear and complied with the relevant provincial notice, and the appointment of the third respondent was not shown...

Court Disposition

Application dismissed; rule nisi discharged; costs awarded against applicants jointly and severally.

Orders

  • The rule nisi is discharged.
  • First and second applicant to pay the cost of this application jointly and severally, one paying to absolve the other.