Limpopo Provincial Council v Gadabeni (5909/2020) [2020] ZALMPPHC 85 (2 October 2020)

Limpopo Provincial Council v Gadabeni (5909/2020) [2020] ZALMPPHC 85 (2 October 2020)

The court found that the interim interdict order of 18 September 2020 is not appealable because it is not final in effect and is susceptible to variation by the court hearing Part B of the application or any other court upon good cause shown. The interests of justice standard, while operative, does not assist the respondent as no substantive grounds were advanced to show that the interim relief would result in irreparable harm. The interim order serves to protect the public and the judicial process, and the respondent's arguments regarding financial harm were not sufficiently substantiated. Even if the order were appealable, the grounds of appeal do not disclose reasonable prospects of...

Citation
[2020] ZALMPPHC 85
Parties
Applicant: Limpopo Provincial Council; Respondent: Rembuluwani Dolby Gadabeni
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
2 October 2020
Case Number
5909/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interim Interdict Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
Naude
Legal Topics
Appealability of Interim Orders, Interlocutory Relief, Interest of Justice Standard
Civil Procedure Appealability of Interim Orders Interlocutory Relief Interest of Justice Standard

Case Brief

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Parties

Limpopo Provincial Council

Applicant

Rembuluwani Dolby Gadabeni

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interim Interdict Order

Legal Issues

  1. 1 Whether the interim interdict order of 18 September 2020 is appealable.
  2. 2 Whether the application for leave to appeal discloses reasonable prospects of success.

Ratio Decidendi

The court found that the interim interdict order of 18 September 2020 is not appealable because it is not final in effect and is susceptible to variation by the court hearing Part B of the application or any other court upon good cause shown. The interests of justice standard, while operative, does not assist the respondent as no substantive grounds were advanced to show that the interim relief would result in irreparable harm. The interim order serves to protect the public and the judicial process, and the respondent's arguments regarding financial harm were not sufficiently substantiated. Even if the order were appealable, the grounds of appeal do not disclose reasonable prospects of...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The respondent is to pay the costs of this application.