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[2004] ZAFSHC 167
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Motheo District Municipality v Mohapi and Another (3606/2004) [2004] ZAFSHC 167 (11 November 2004)
IN THE HIGH COURT
OF SOUTH AFRICA
(
ORANGE
FREE STATE PROVINCIAL DIVISION)
Case Nr: 3603/2004
In
the matter between:
THE
MOTHEO DISTRICT MUNICIPALITY
Applicant
and
NS
MOHAPI
First Respondent
(in
her capacity as Executive Mayor of
the
Motheo District Municipality)
TD
MADOLO
Second
Respondent
_____________________________________________________
CORAM:
VAN
DER MERWE J
JUDGMENT:
VAN
DER MERWE J
HEARD
ON:
28
OCTOBER 2004
DELIVERED
ON:
11
NOVEMBER 2004
[1] First respondent was
the executive mayor of applicant and second respondent was the
speaker of applicant. On 8 October 2004
the counsel of applicant
resolved to remove respondents as executive mayor and speaker
respectively.
[2] On 22 October 2004 a
rule
nisi
was
issued on an urgent basis calling upon the respondents to show cause
on Thursday 28 October 2004 why orders should not be made
that the
respondents vacate their respective offices on the premises of the
applicant and that respondents deliver to applicant
vehicles, keys
thereof, credit cards, laptop computers and certain documentation,
issued to them by applicant in their aforesaid
respective capacities
before 8 October 2004. The provisions of the
rule
nisi in
relation to the delivery of the motor vehicles, keys thereof and
credit cards, operated as
interim
interdict
with immediate effect, pending finalization of this application.
[3] On the return date an
agreement in writing between the parties to this application was
handed up. Paragraph 2 of that agreement
provides as follows:
âIn
the event of the Honourable Court dismissing prayer 2.2 (as
amended) of the Notice of Motion in case number 3446/04,
the
respondents in case number 3603/04 will pay the applicantâs costs
of the application, jointly and severally, the one paying
the
other to be absolved, on the party and party scale, which costs
will include the costs of two counsel up and until the interim
order was granted on 22 October 2004 and the interim order will be
made final.â
[4] An order dismissing
prayer 2.2 (as amended) of the notice of motion in application
3446/2004 has been made.
[5] In the result, the
following orders are made:
(1) Paragraphs
2.1, 2.2, 2.3, 2.4, 2.5 and 2.6 of the rule
nisi
dated 22 October 2004 are confirmed.
(2) Respondents
are ordered to jointly and severally, the one paying the other to
be absolved, pay the costs of the application
on the party and
party scale, including the cost of employment of two counsel up to
and until the grant of the interim order
on 22 October 2004.
________________________
C.H.G
VAN DER MERWE, J
CASE
NO: 3603/2004:
On
behalf of Applicant: Advocate A.J.R. van Rhyn S.C.
Instructed
by
Naudes
BLOEMFONTEIN
On
behalf of Respondents: Advocate W.J. Edeling
Instructed
by
Bokwa
Attorneys
BLOEMFONTEIN
/ECoetzee