Mafuma Consulting (Pty) Ltd v Brandfort Forum and others

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Van Rhyn J
• Judgment Date: 30 August 2023
• Citation: 2023 JDR 3346 (FB)
• Hearing Date: 27 July 2023
• Docket Number: 5520/2021
• Court: Free State Division, Bloemfontein

Van Rhyn J:

[1]

The question that arises with this opposed application is whether it is appropriate for this court to grant the relief sought by the applicant in its Notice of Motion which provides as follows:

“1.

That FRANS BESTER PROSTHUMUS N.O. be joined as the sixth respondent in the rescission application under case number 5520/2021;

2.

That the headings in this matter henceforth reflect the sixth respondent as the sixth respondent;

3.

Granting leave to the applicant to amend the headings of all of the documents filed of record in the rescission application to reflect the First Respondent as “Brandfort Forum” in order to reflect such joinder;

4.

That all documents filed of record be served upon the party joined in terms of prayer 1, 2 and 3 within 10 (ten) days of the date of this order;

5.

That the costs of the application shall be costs in the rescission application and in the event of any opposition from the parties intended to be joined or the respondents, that party or parties shall bear the costs occasioned by the opposition.”

[2]

The parties to the present application have a long litigious history. The applicant is Mafuma Consulting (PTY) Ltd, a private company with its registered address and principal place of business at Rivonia, Gauteng. During September 2021 a service level agreement was concluded between Masilonyana Local Municipality, the fourth respondent and the applicant for the installation of prepaid electricity meters and the sale of electricity by means of the prepaid electricity metering within the area of the Masilonyana Local Municipality.

2023 JDR 3346 p3

Van Rhyn J

[3]

Masilonyana Brandfort Forum (“Brandfort Forum”) is an association with perpetual succession which conducts its activities as the Masilonyana Brandfort Forum Trust with registration number IT00191/2021(T) (the “Trust”). The trustees of the Trust, as per the Letter of Authority issued by the Master of the High Court on 13 August 2021, are Ina Beukes, Johan Engelbertus Fourie and Frans Bester Posthumus. The first respondent in this application is cited as Brandfort Forum. The second respondent is cited as Ina Beukes N.O. and the third respondent as Johan Engelbertus Fourie N.O.

[4]

The fifth respondent is Lejweleputswa District Municipality, a municipality contemplated in section 2 of the Local Government: Municipal Systems Act operating under the care of the municipal manager with its offices situated at Welkom, Free State Province. The Sixth respondent, in the heading, is Frans Bester Prosthumus and, in paragraph 11 of the founding affidavit, is cited as Frans Bester Posthumus.

[5]

On 5 November 2021 the applicant was restrained from continuing to install any further prepaid meters in said area subsequent to an interim interdict granted by this court on application by Brandfort Forum and the trustees of the Trust. On 21 November 2021 Brandfort Forum and the trustees of the Trust issued a review application under the above case number which served before court on an unopposed basis on 20 February 2023. On 10 March 2023 judgment in the review application was handed down. It is against the judgment on review, that the applicant issued its rescission application. The review judgment granted the relief sought by Brandfort Forum and the trustees of the Trust, including Frans Bester Posthumus N.O.

[6]

In its rescission application, applicant cited Ina Beukes N.O. as the first...