Xinishe v Lonplats Marikana Community Development Trust and Another (Leave to Appeal) (M658/2020) [2024] ZANWHC 5 (5 January 2024)

Xinishe v Lonplats Marikana Community Development Trust and Another (Leave to Appeal) (M658/2020) [2024] ZANWHC 5 (5 January 2024)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The trust deed specified a domicilium address in Gauteng and required disputes to be resolved by arbitration, depriving the North West High Court of jurisdiction. The applicant did not identify any clause in the trust deed indemnifying him from costs. The factual background showed the trust had become dormant and lacked funds, and the once-off payment was made by Lonplats Mining prior to its sale. The court held that the parties were bound by the terms of the trust deed and that the application for leave to appeal was a desperate attempt without merit. The statutory and case law threshold...

Citation
[2024] ZANWHC 5
Parties
Applicant: Reuben Xinishe; Respondent: Lonplats Marikana Community Development Trust; Respondent: Sibanye Stillwater (Pty) Ltd
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
5 January 2024
Case Number
M658/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Ex Tempore Judgment and Reasons Delivered; Heard on 27 July 2023, Judgment Delivered 5 January 2024.
Outcome
Application for leave to appeal dismissed with costs awarded against the applicant.
Judges
FMM Reid
Legal Topics
Leave to Appeal, Jurisdiction, Arbitration Clause, Costs Order, Trust Law
Civil Procedure Commercial and Corporate Leave to Appeal Jurisdiction Arbitration Clause Costs Order Trust Law

Case Brief

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Parties

Reuben Xinishe

Applicant

Lonplats Marikana Community Development Trust

Respondent

Sibanye Stillwater (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Ex Tempore Judgment and Reasons Delivered; Heard on 27 July 2023, Judgment Delivered 5 January 2024.

Legal Issues

  1. 1 Whether the applicant has shown reasonable prospects of success for leave to appeal.
  2. 2 Whether the North West High Court has jurisdiction over the matter given the trust deed's domicilium clause.
  3. 3 Whether the dispute should be referred to arbitration as per the trust deed.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The trust deed specified a domicilium address in Gauteng and required disputes to be resolved by arbitration, depriving the North West High Court of jurisdiction. The applicant did not identify any clause in the trust deed indemnifying him from costs. The factual background showed the trust had become dormant and lacked funds, and the once-off payment was made by Lonplats Mining prior to its sale. The court held that the parties were bound by the terms of the trust deed and that the application for leave to appeal was a desperate attempt without merit. The statutory and case law threshold...

Court Disposition

Application for leave to appeal dismissed with costs awarded against the applicant.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is to pay the costs of the application for leave to appeal incurred by the respondents.