Department of Agriculture, Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (UM262/2023) [2024] ZANWHC 230 (11 September 2024)

Department of Agriculture, Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (UM262/2023) [2024] ZANWHC 230 (11 September 2024)

The court found that the applicant failed to substantiate the allegations of maladministration and misappropriation with primary evidence. The founding affidavit relied on unverified complaints and did not comply with the procedural requirements of the Communal Property Association Act or the CPA's constitution. The...

Source-derived case information.

Citation
[2024] ZANWHC 230
Parties
Applicant: Department of Agriculture, Land Reform and Rural Development: Director General; Respondent: Barolong Boo Maiketso Communal Property Association; Respondent: George Bobie Meyer; Respondent: Jenny Ejang; Respondent: Keinnee Ruth Makabolane; Respondent: Solomon Otlathiba Lekgari; Respondent: Ketshepaone Isaac Maamogwa; Respondent: Nedbank (Pty) Ltd; Respondent: FNB (Pty) Ltd; Respondent: Sanlam (Pty) Ltd; Respondent: Provincial Commander: North West Province SAPS
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
11 September 2024
Case Number
UM262/2023
Procedural Posture
Urgent Application / Reconsideration of Ex Parte Interim Order Under Rule 6(12)(c)
Outcome
Application for reconsideration of the ex parte interim order is granted; the interim order is set aside; costs awarded against the applicant.
Judges
Dibetso-Bodibe
Legal Topics
Communal Property Association Act, Ex Parte Orders, Urgent Interdict, Fiduciary Duties of Executive Committee, Audi Alteram Partem, Costs Orders
Land and Property Civil Procedure Administrative Law Communal Property Association Act Ex Parte Orders Urgent Interdict Fiduciary Duties of Executive Committee Audi Alteram Partem +1 more

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Parties

Department of Agriculture, Land Reform and Rural Development: Director General

Applicant

Barolong Boo Maiketso Communal Property Association

Respondent

George Bobie Meyer

Respondent

Jenny Ejang

Respondent

Keinnee Ruth Makabolane

Respondent

Solomon Otlathiba Lekgari

Respondent

Ketshepaone Isaac Maamogwa

Respondent

Nedbank (Pty) Ltd

Respondent

FNB (Pty) Ltd

Respondent

Sanlam (Pty) Ltd

Respondent

Provincial Commander: North West Province SAPS

Respondent

Procedural Posture

Urgent Application / Reconsideration of Ex Parte Interim Order Under Rule 6(12)(c)

Legal Issues

  1. 1 Whether the ex parte interim order freezing the CPA's bank accounts and interdicting the executive committee was justified on the facts and law.
  2. 2 Whether the applicant complied with the procedural requirements under the Communal Property Association Act and the CPA's constitution before seeking urgent relief.
  3. 3 Whether the Respondents were denied audi alteram partem and whether reconsideration under Rule 6(12)(c) should be granted.

Ratio Decidendi

The court found that the applicant failed to substantiate the allegations of maladministration and misappropriation with primary evidence. The founding affidavit relied on unverified complaints and did not comply with the procedural requirements of the Communal Property Association Act or the CPA's constitution. The applicant did not conduct a proper investigation, appoint a conciliator, or ensure that the dissolution of the executive committee followed due process. The ex parte interim order was granted in the absence of the respondents without establishing exceptional circumstances justifying such relief. The respondents were denied the opportunity to be heard, contravening the audi...

Court Disposition

Application for reconsideration of the ex parte interim order is granted; the interim order is set aside; costs awarded against the applicant.

Orders

  • The requirements of form and service are dispensed with and the application for reconsideration is heard as one of urgency.
  • The ex parte order granted against the 2nd to 6th Respondents on 22 December 2023 is set aside.