Thipe and Another v City of Tshwane Metropolitan Municipality and Others

The appellants were informal traders operating from Denneboom Train Station under lease agreements with the City of Tshwane. A High Court order (the Janse van Nieuwenhuizen Order) interdicted demolition of their trading structures pending relocation and regulated the parties’ conduct during construction of a transport interchange and shopping mall. In September 2017 the traders’ stalls were demolished, allegedly in breach of the order, and their stock was looted. The appellants brought contempt proceedings against the City of Tshwane and Isibonelo Property Services, later joining the Municipal Manager, the Mayor and Isibonelo’s CEO in their official and personal capacities. Due to disputes of fact, the contempt application was referred to trial. No pleadings were properly exchanged. At the trial hearing, the High Court upheld an exception raised on behalf of the newly joined respondents and dismissed the contempt application against them. The appellants appealed to the Supreme Court of Appeal.

The appeal was upheld. The High Court’s order upholding the exception and dismissing the claim against the third to eighth respondents was set aside. Costs of the exception hearing and the appeal were ordered to be costs in the cause.

The case reaffirms a fundamental principle of South African civil procedure: that the upholding of an exception does not terminate the action but only the impugned pleading, and that leave to amend should ordinarily be granted. It provides authoritative guidance on the proper procedural handling of exceptions, particularly in matters referred to trial, and cautions against prematurely disposing of disputes involving unresolved factual issues.