Mgwenya NO and Others v Kruger and Another

Vernon Xavier Kruger was an ordained pastor employed by the Apostolic Faith Mission Church of South Africa at its Danville Assembly in Mahikeng. In 2012 the church instituted disciplinary proceedings against him, found him guilty on four charges of misconduct, and terminated his pastoral status with effect from 23 January 2013. Kruger applied to the North West Division of the High Court to review and set aside the disciplinary committee’s decision. The High Court dismissed the application, but on appeal the Full Court upheld Kruger’s appeal and set aside the disciplinary ruling. The church and members of the disciplinary committee obtained special leave to appeal to the Supreme Court of Appeal. Before the appeal was heard, Kruger died on 27 January 2017, and his executor was substituted as respondent.

The appeal was dismissed with costs.

The case reaffirms the application of section 16(2)(a) of the Superior Courts Act and the principle that appellate courts will not decide moot appeals that have no practical effect. It clarifies that costs considerations alone will rarely, if ever, constitute exceptional circumstances justifying the hearing of an otherwise academic appeal.