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iN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
) CASE NO.: 008172/2022
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES; YES/NO
4 (3) SED: YES/NO
TT é “gs
In the matter between:
PRETORIA EDUCATIONAL CENTRE (PTY) LTD Applicant
and
| CITY OF TSHWANE METROPOLITAN MUNICIPALITY First Respondent
JOHANN METTLER Second Respondent
{In his capacity as duly appointed municipal manager of the
First Respondent]
j
In re:
PRETORIA EDUCATIONAL CENTRE (PTY) LTD Apolicant
and
'
2
CITY OF TSHWANE METROPOLITAN MUNICIPALITY First Respondent
MMASEABATA MUTLAMENG Second Respondent
[In her capacity as duly appointed municipal manager of the
2 First Respondent]
: JUDGMENT
;
————
CORAM NTHAMBELENI, AJ
HEARD: 17 June 2025
DELIVERED: 08 July 2025
INTRODUCTION
ad
: [1] The applicant in this matter brought an urgent application , applying for an
order declaring first and second respondents, be held to be in contempt of the
.
orders of this Court under Case Number 7440/2007 dated August 2007, the
order under Case Number: 8172/2022 dated 28 January 2025 and, in effect,
also the order of this Court under case number: 7440/2007 dated 22 May 2024
(“the Court orders”), together with the ancillary relief as set out in the Notice
of Motion."
a ‘See: See CaseLines 10-161 to 10-164
;
.
Z
a
: 3
:
[2] Prior to addressing the merits of the application before me, the applicants
, moved for an amendment in terms of Rule 28(1) of the Uniform Rules of this
Court (as per the Notice of Amendment).2 The amendment was unopposed
and heard and granted as such, | will incorporate the prayers sought in the
final order of this Court.
: BACKROUND AND CONTEXT OF THE APPLICATION
: [3] The applicant, on 14 May 2025, issued out of this Court, in the normal course,
: an application to declare respondents to be in contempt of the Court Orders.°
[4] In the judgment by Joyini J, handed down on 28 January 2025, the Court made
an order that “the First Respondent is ordered to sign all documents required
by Applicant to effect the registration of transfer (of the immovable property
listed in paragraph 46.2 of the Judgment) within 14 calendar days of the Court
order.*
(5) The judgment by Joyini J foreshadowed that first respondent might fail to
: comply with the order and, to this extent, granted an order that:
F
: “The Applicant is granted leave, in the event that First Respondent failing to
comply with paragraph 46.2 above, to approach this Court on the same
papers, supplemented to the extent required to seek for payment of a fine by
First Respondent.”
2 See: CaseLines 10-156 to 10-164
’ See: Notice of Motion CaseLines 10-2 to 10-5
*See: Judgment CaseLine 0001-1 to 0001-16
:
’