Muthaphuli Royal Family and Another v Muthaki Royal Family and Another (1064/2019)
Muthaphuli Royal Family and Another v Muthaki Royal Family and Another (1064/2019) [2025] ZALMPTHC 4 (10 March 2025)
The court held that the order of Makhafola J, granted in 2019, remains binding and enforceable until it is set aside by a competent court sitting as a review or appeal court. Section 165(5) of the Constitution provides that court orders bind all persons and organs of state to whom they apply, regardless of their validity. The applicants' attempt to set aside the previous order in a motion court before a single judge is procedurally incorrect and cannot be granted. The proper process to challenge a court order is through appeal or review, not by direct application in a motion court. As none of…
Source excerpt
- Setting Aside Court Order
- Section 165 Constitution
- Binding Effect Of Judgments