Hulisani Viccel Sithangu v Capricorn District Municipality

The applicant was injured in a motor vehicle accident near Polokwane when his minibus collided with a cow. While trapped in the wreckage, firefighters extricated him using rescue equipment. He sustained multiple fractures and an open fracture to his right heel fat pad. The applicant alleged that the heel injury was negligently caused by firefighters during the rescue and sued the Capricorn District Municipality for delictual damages. The municipality raised a special plea of misjoinder, contending that firefighting services in the area fell under Polokwane Local Municipality. The trial court dismissed the special plea but later dismissed the claim on the basis that the applicant failed to prove the identity of the firefighters as employees of the respondent. An appeal to the full court was dismissed after it revisited the misjoinder issue. The applicant sought special leave to appeal to the Supreme Court of Appeal.

Special leave to appeal was granted, but the appeal was dismissed. No order as to costs was made.

The case reaffirms the principles of functus officio, finality of litigation, and the binding effect of orders determining separated issues. It also clarifies that appellate courts are strictly confined to the scope of leave granted and may not revisit issues not properly before them, particularly in the absence of a cross-appeal.