Sibongile Gaqa & 21 Others v Ingquza Hill Local Municipality and Others

The applicants, residents of the Mdikana Community in Lusikisiki, occupied portions of the remainder of ERF 49, Lusikisiki, after being allocated sites by their traditional leader. The land was later declared by the High Court to be owned by Ingquza Hill Local Municipality. On 9 July 2024, Brooks J granted an eviction and demolition order against unlawful occupiers of ERF 49. The applicants were not cited by name and were absent when the order was granted, but they were affected by its implementation. They subsequently launched an urgent application seeking to interdict the implementation of the Brooks J order as it related to them and to declare the respondents’ decision to implement that order invalid.

The application was dismissed. No order as to costs was made.

The case reinforces the principle that court orders remain binding until set aside by a competent court and clarifies that affected non-parties must use rescission procedures, particularly Rule 42(1)(a), rather than attempting to interdict the enforcement of an existing order. It underscores procedural discipline in challenges to court orders and affirms respect for judicial authority.