2
application had been brought where manifestly no urgency existed, in the face
of a previous order of this court striking the same matter from the urgent roll
for 30 June 2026, and, on both occasions, without having so much as alleged
a cause of action against the second to eleventh respondents, I directed the
applicant’s attorney, a Mr. Malatji, to show cause why he should not pay the
costs of the hearing before me de bonis propriis. Counsel for the second to
eleventh respondents, Mr. Konstantinides, also urged me to make such an
order because, he submitted, the papers suggested that the applicant, Ms.
Khoza, is an impecunious litigant who was not really the driving force behind
the litigation. The true driver of the litigation, Mr. Konstantinides submitted,
was Mr. Malatji, who ought to pay the costs of the inept manner in which the
litigation had been pursued.
2 Mr. Malatji’s affidavit to show cause was filed on 31 July 2026. Regrettably,
the affidavit does not address the questions of why the urgent application was
re-enrolled in the face of a previous order striking it or why the second to
eleventh respondents had been joined, for a second time, to litigation which
had nothing directly to do with them. Much of the affidavit was taken up with
an intemperate critique of my decision to strike the matter from the roll and
wholly unsubstantiated allegations of dishonesty directed at the second to
eleventh respondents and their representatives . The affidavit displayed
neither an appreciation of the inappropriate way the litigation on behalf of Ms.
Khoza had been brought, nor an explanation for Mr. Malatji’s conduct.
3 Mr. Malatji is of course entitled to his opinions. No court is perfect. I am
prepared to accept the notional possibility that both I and Senyatsi J, who
4
This judgment was prepared by Judge Wilson. It is handed down electronically by
circulation to the parties or their legal representatives by email, by uploading it to the
electronic file of this matter on Caselines, and by publication of the judgment to th e
South African Legal Information Institute. The date for hand-down is deemed to be 31
August 2026.
HEARD ON: 21 July 2026
FURTHER SUBMISSIONS ON: 31 July and 20 August 2026
DECIDED ON: 31 August 2026
For the Applicant: Malatji S Attorneys
For the First to Eleventh
Respondents: Van Hulsteyns Attorneys