South African Women in Mining Investment Holdings (Pty) Ltd v Molobye and Others (3445/2019) [2021] ZAGPJHC 695 (17 November 2021)

South African Women in Mining Investment Holdings (Pty) Ltd v Molobye and Others (3445/2019) [2021] ZAGPJHC 695 (17 November 2021)

The court found that the applicant failed to establish exceptional circumstances as required by section 18(1) of the Superior Courts Act. The hardship faced by the beneficiaries, while sympathetic, was not exceptional in the context of litigation delays. There was no evidence that deaths among shareholders were caused by the delay, nor that shareholders would suffer specific harm if payment was delayed. Although the court accepted that delay is an insult to dignity, this alone did not meet the threshold for exceptional circumstances. Furthermore, the applicant did not prove that respondents would not suffer irreparable harm if the order was granted, as premature distribution could result...

Citation
[2021] ZAGPJHC 695
Parties
Applicant: South African Women in Mining Investment Holdings (Pty) Ltd; Respondent: Nomsa Molobye; Respondent: Belinda Moleko; Respondent: Dorothy Sefanyetso; Respondent: Delene Jacobs; Respondent: Ruth Magwagwa; Respondent: Brenda Jansen; Respondent: SAWIMA: Gauteng; Respondent: SAWIMA: Northern Cape; Respondent: SAWIMIH – Gauteng; Respondent: Bell Dewar Incorporated
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 November 2021
Case Number
3445/2019
Procedural Posture
Urgent Application / Application for Enforcement of Judgment Pending Special Leave to Appeal
Outcome
Application for enforcement pending appeal dismissed with costs.
Judges
S Yacoob
Legal Topics
Enforcement Pending Appeal, Irreparable Harm, Exceptional Circumstances, Superior Courts Act Section 18
Civil Procedure Enforcement Pending Appeal Irreparable Harm Exceptional Circumstances Superior Courts Act Section 18

Case Brief

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Parties

South African Women in Mining Investment Holdings (Pty) Ltd

Applicant

Nomsa Molobye

Respondent

Belinda Moleko

Respondent

Dorothy Sefanyetso

Respondent

Delene Jacobs

Respondent

Ruth Magwagwa

Respondent

Brenda Jansen

Respondent

SAWIMA: Gauteng

Respondent

SAWIMA: Northern Cape

Respondent

SAWIMIH – Gauteng

Respondent

Bell Dewar Incorporated

Respondent

Procedural Posture

Urgent Application / Application for Enforcement of Judgment Pending Special Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has established exceptional circumstances justifying enforcement of the judgment pending appeal.
  2. 2 Whether the applicant will suffer irreparable harm if enforcement is refused.
  3. 3 Whether the respondents will suffer irreparable harm if enforcement is granted.

Ratio Decidendi

The court found that the applicant failed to establish exceptional circumstances as required by section 18(1) of the Superior Courts Act. The hardship faced by the beneficiaries, while sympathetic, was not exceptional in the context of litigation delays. There was no evidence that deaths among shareholders were caused by the delay, nor that shareholders would suffer specific harm if payment was delayed. Although the court accepted that delay is an insult to dignity, this alone did not meet the threshold for exceptional circumstances. Furthermore, the applicant did not prove that respondents would not suffer irreparable harm if the order was granted, as premature distribution could result...

Court Disposition

Application for enforcement pending appeal dismissed with costs.

Orders

  • The application in terms of section 18 of the Superior Courts Act is dismissed with costs.