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Montshioa and Another v Motshegare (110/2001) [2001] ZANWHC 9 (23 February 2001)

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IN THE HIGH COURT

(BOPHUTHATSWANA PROVINCIAL DIVISION)


CASE NO 110/2001


HELD AT MMABATHO ON THE 23RD DAY OF FEBRUARY 2001

BEFORE THE HONOURABLE JUSTICE M M LEEUW


In the matter between:


JEFFREY KGOTLENG MONTSHIOA First Applicant

MEMBER OF THE EXECUTIVE COUNCIL FOR

TRADITIONAL AND CORPORATE AFFAIRS Second Applicant

and


OTHUSITSE ISRAEL MOTSHEGARE Respondent

Upon reading the Application and other documents filed of record and after hearing Mr H Lever SC, Counsel for the Applicants and Mr S E Monare for the Respondent.



IT IS ORDERED



  1. That the forms and services provided for in the Uniform Rules of Court be dispensed with and that the matter be treated as an urgent application in terms of Rule 6 (12) (a) thereof.


  1. That an interdict do issue forthwith in terms whereof

2.1 the respondent is interdicted and restrained from performing the office of kgosi of the BAROLONG BOO-RATSHIDI tribe.

2.2 the respondent is interdicted and restrained from organising, calling for, conducting or participating in unlawful occupation of the offices of the BAROLONG BOO-RATSHIDI tribe.

2.3 the respondent is interdicted and restrained from intimidating, or in any way threatening the safety or property of the officials or employees of the BARONG BOO-RATSHIDI tribe;

2.4 the respondent is interdicted and restrained from obstructing ingress into or exit from the office and administrative premises of the BAROLONG BOO-RATSHIDI tribe;

2.5 the respondent is restrained and interdicted from disrupting or inciting, instigating, calling for, supporting, organising, instigating or encouraging members of the BAROLONG BOO-RATSHIDI tribe to disrupt any public meetings called by or on behalf of the first applicant as the kgosi of the tribe.

  1. That a Rule Nisi do issue in terms whereof the respondent is called upon to show cause, if any, to this Honourable Court on Thursday the 1st March 2001 at 10h00 or as soon thereafter as Counsel may be heard why

3.1 the order referred to in paragraph 2 above should not be confirmed; and

3.2 the respondent should not be directed to pay the costs of this application.

  1. (a) The respondent’s answering affidavits, if any, to be filed by 10h00 on Monday the 26th February 2001.

(b) The applicants’ replying affidavits, if any, to be filed by 10h00 on Wednesday the 28th February 2001.








BY THE COURT




REGISTRAR