Case Law[2025] ZAGPPHC 980South Africa
Mogari v State Attorney (028709/2025) [2025] ZAGPPHC 980 (10 September 2025)
Judgment
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# South Africa: North Gauteng High Court, Pretoria
South Africa: North Gauteng High Court, Pretoria
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## Mogari v State Attorney (028709/2025) [2025] ZAGPPHC 980 (10 September 2025)
Mogari v State Attorney (028709/2025) [2025] ZAGPPHC 980 (10 September 2025)
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# IN THE HIGH COURT OF
SOUTH AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE
NO
: 028709/2025
DATE
: 12-08-2025
(1) REPORTABLE:
YES
/ NO.
(2) OF INTEREST TO OTHER
JUDGES:
YES
/ NO.
(3) REVISED.
DATE 10/9/2025
SIGNATURE
In
the matter between
M
MOGARI
APPLICANT
and
STATE
ATTORNEY
RESPONDENT
JUDGMENT
MAKHOBA,
J
: The Court has
listened to the applicant. The applicant has cited 16
respondents and he referred to a document
where there are date stamps
of the presidency, some ministry as the return of service.
It
is clear that even if the Court were to grant this application due to
a lack of service to all the respondents, the Court would
not, that
is problem number 1.
He
says he is an attorney. I cannot dispute that but when one
reads his notice of motion, I cannot make head or tail but what
I can
determine is that he wants this Court to interdict some proceedings
in the Mahikeng High Court. Why would this court
sitting in
Pretoria interdict a High Court in the North West. I do not
have jurisdiction to do that. That is number
1.
Number
2, he refers to part B, there is no part B in these papers.
There is a civil case, from what I can gather because the
notice of
motion as well as his affidavit, I cannot make head or tail of it.
From
what have gathered he has got a civil case in Mahikeng. He does
not go to Mahikeng High Court to stop whatever he wants
to stop; he
runs to Pretoria. He does not properly serve everybody.
I
say excuse him for the sloppiness of the papers because he says he is
an attorney; the papers are very sloppily drawn up but that
is not
the case.
To
make a proper case he must establish in his papers, an interdict has
got requirements, why you want to interdict, without even
informing
other people. He wants an interdict but he says he served
them. With an interdict you do not even serve those
people.
You ask for an interdict and for a return date to serve them.
Even
if I wanted to assist him I would not because the requirements for an
interdict is not covered in his affidavit. I want
to reiterate
a civil case in Mafikeng, he talks about corruption, I do not know
what corruption. He did not make a proper
case before me
The
matter is removed from the roll. No order as to costs.
MAKHOBA, J
JUDGE OF THE HIGH
COURT
DATE
:
………………
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