Kosmos Ridge Homeowner's Association v Maseko and Others - Application for Leave to Appeal (30085/09) [2023] ZAGPPHC 2030 (30 November 2023)

Kosmos Ridge Homeowner's Association v Maseko and Others - Application for Leave to Appeal (30085/09) [2023] ZAGPPHC 2030 (30 November 2023)

The court found that the applicant failed to establish a reasonable prospect of success on appeal or any compelling reason for leave to appeal. The applicant's challenge was primarily against the exercise of judicial discretion, which the court held was properly and judicially exercised. The orders sought to be...

Source-derived case information.

Citation
[2023] ZAGPPHC 2030
Parties
Applicant: Kosmos Ridge Homeowner's Association; Respondent: Madibeng Local Municipality; Respondent: Member of the Executive Council: Local Government [North West Province]; Respondent: Minister of Water Affairs & Forestry; Respondent: SF Molokoane-Machika; Respondent: PM Mapulane; Respondent: Minister for Co-operative Governance & Traditional Affairs; Respondent: Erick Matlawe; Respondent: HD Makobe; Respondent: Mpho Poppy Magongoa; Respondent: Paul Maseko; Respondent: Paul Maseko N.O.; Respondent: Joseph Ratloi; Respondent: Noko Seaneko
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 November 2023
Case Number
30085/09
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Dated 27 March 2023
Outcome
Application for leave to appeal dismissed with costs.
Judges
B.F. Mnyovu
Legal Topics
Leave to Appeal Test, Judicial Discretion, Condonation, Contempt of Court, Rescission of Order
Civil Procedure Administrative Law Leave to Appeal Test Judicial Discretion Condonation Contempt of Court Rescission of Order

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Parties

Kosmos Ridge Homeowner's Association

Applicant

Madibeng Local Municipality

Respondent

Member of the Executive Council: Local Government [North West Province]

Respondent

Minister of Water Affairs & Forestry

Respondent

SF Molokoane-Machika

Respondent

PM Mapulane

Respondent

Minister for Co-operative Governance & Traditional Affairs

Respondent

Erick Matlawe

Respondent

HD Makobe

Respondent

Mpho Poppy Magongoa

Respondent

Paul Maseko

Respondent

Paul Maseko N.O.

Respondent

Joseph Ratloi

Respondent

Noko Seaneko

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment Dated 27 March 2023

Legal Issues

  1. 1 Whether there is a reasonable prospect that the appeal would succeed in terms of Section 17 of the Superior Courts Act.
  2. 2 Whether the court's exercise of discretion in granting condonation for late filing of the rescission application was judicially correct.
  3. 3 Whether the orders sought to be enforced by the applicant were properly granted and susceptible to contempt proceedings.

Ratio Decidendi

The court found that the applicant failed to establish a reasonable prospect of success on appeal or any compelling reason for leave to appeal. The applicant's challenge was primarily against the exercise of judicial discretion, which the court held was properly and judicially exercised. The orders sought to be enforced were found to be invalid due to non-compliance with statutory and constitutional requirements, and the requirements for contempt were not met. The court emphasized the higher threshold for granting leave to appeal under Section 17 of the Superior Courts Act and concluded that the interest of justice does not warrant granting leave. The application for leave to appeal was...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal to the Supreme Court of Appeal is dismissed with costs.