Gcora v Nelson Mandela Bay Municipality and Others

The applicants, Sipho Gcora and Gobo-Gcora Construction and Project Management CC, have a long litigation history with the Nelson Mandela Bay Municipality (NMBM) arising from housing projects in KwaNobuhle. The CC was a subcontractor to WK Construction, the main contractor appointed by NMBM. Disputes arose regarding payment for work done, leading to mediation between NMBM and WK, Public Protector investigations, review and enforcement proceedings, and multiple applications and appeals. Ultimately, in May 2023, the applicants were declared vexatious litigants under s 2(1)(b) of the Vexatious Proceedings Act 3 of 1956. In January 2025, pursuant to that order, they sought leave to institute two sets of proceedings: (1) an interdict to prevent NMBM from executing cost orders against them, and (2) enforcement proceedings to compel payment allegedly arising from mediation outcomes. Both requests were refused by Eksteen ADJP. The present judgment concerns applications for leave to appeal against those refusals.

Both applications for leave to appeal were dismissed with costs, limited to the costs of one counsel on scale B.

The judgment reinforces the strict application of the Vexatious Proceedings Act and clarifies the evidential burden resting on declared vexatious litigants seeking leave to litigate. It underscores finality in litigation, limits attempts to repackage settled disputes, and affirms that mediation or Public Protector processes cannot create contractual liability absent privity.