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2019
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[2019] ZAFSHC 140
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Ex Parte Khosa and Another (2996/2019) [2019] ZAFSHC 140 (29 August 2019)
IN
THE HIGH COURT OF SOUTH AFRICA,
FREE
STATE DIVISION, BLOEMFONTEIN
Case
number:
2996/2019
In
the matter between:
MASAINGITA
A KHOSA 1st
APPLICANT
HLANGANANI
SANDILE NXUMALO 2
nd
APPLICANT
and
EX
PARTE
HEARD
ON:
8
AUGUST 2019
REASONS:
MOLITSOANE, J
DELIVERED
ON:
29
AUGUST 2019
[1]
This is an application in terms of which the applicant seeks certain
orders, inter alia, that the interim application as well
as the main
application be heard on an urgent basis. The Applicant further claims
‘
as per Court Order costs in respect of this application in
the amount of R1 508,161,199.57 as 35% on costs… to be
immediately
executable by Sheriff …from the banking account of
the Department of Treasury Free State.
’ A similar
application was brought before me a few days before this current
application and I dismissed the said application
on the basis that no
notice was given to the respondents and also that the application was
not urgent.
[2]
This application was also brought on an
ex parte
basis without
giving notice to any party who may be affected by the order(s) this
court may give. Uniform Rule 6(2) provides as
follows:
“
When relief is
claimed against any person, or where it is necessary or proper to
give any person notice of such application, the
notice of motion must
be addressed to both the registrar and such person, otherwise it must
be addressed to the registrar only.
”
[3]
In this case the purported respondents have not been cited as can be
seen from the heading above. The impression created is
that this
application is between the “
Applicant and Ex Parte
.”
Neither the Departments of Treasury nor Social Development against
whom relief is sought has been cited as parties. The
said departments
have a substantial interest in these proceedings and ought to have
been joined. Failure to join the said departments
is fatal to the
Applicant’s case.
[4]
The said departments were also not notified of this intended
application although the relief sought indicate that it would be
necessary and proper to give them notice. During argument the
Applicant attributed her reason for not giving notice to what she
said were apprehension of threats to her life. It is difficult to
fathom how giving notice to the departments would put her life
in
danger. No factual basis was laid for this alleged fear on her life.
This application is further couched in the form of a final
order.
Granting such an order would clearly shut the door in the
departments’ faces and would thus deny them justice. Failure
to
give notice is also fatal to this application
[5]
This application may be characterised as a sequel to the many
applications on the same issue which this court has become aware
of,
brought by the applicant on
an
ex
basis. A cursory count of the urgent applications on the same issues
by the Applicant will reveal that no less than eight applications
were instituted in a space of two months. In spite of the
orders of this Court dismissing the applications on the basis that
no
notice was given or that the applications were not urgent, Applicant
continues to bring these applications on an ex parte basis.
I have
also noted an order of my Brother Tuchten,J in the High Court
Gauteng Division, Pretoria( Case number 6530/2019) in
which
that Court struck the matter of the Applicant from the roll for
failure to give notice to the respondents . In view of the
continuous
conduct by the Applicant of failing to give notice to the people who
may be affected by the orders she seeks, I propose
to make a similar
order. I accordingly make the following orders:
ORDER
1.
The
Application is struck off the roll.
2.
The
Applicant(
Masingita
Abigail Khoza
)
may not bring any proceedings in this Court or any other Court or
tribunal within the Republic of South Africa for the relief
presently
sought or any relief sought unless and until the papers have been
served upon those who ought to receive notice of the
application.
___________________
P.E.
MOLITSOANE, J
On
behalf of applicant: In Person