Case Law[2025] ZAGPPHC 1087South Africa
Fisher and Others v Ramatibela and Others (2024-089598) [2025] ZAGPPHC 1087 (26 September 2025)
High Court of South Africa (Gauteng Division, Pretoria)
26 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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## Fisher and Others v Ramatibela and Others (2024-089598) [2025] ZAGPPHC 1087 (26 September 2025)
Fisher and Others v Ramatibela and Others (2024-089598) [2025] ZAGPPHC 1087 (26 September 2025)
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sino date 26 September 2025
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO.: 2024-089598
(1)
REPORTABLE: NO
(2) OF
INTEREST TO OTHER JUDGES: NO
(3)
REVISED: NO
Date: 26 September 2025
E van der Schyff
In
the matter between
PUSO
FISHER
FIRST APPLICANT
REBECCA
MATHE
SECOND APPLICANT
MARY
FISHER
THIRD APPLICANT
and
MOSES
RAMATIBELA
FIRST RESPONDENT
MICHAEL
MOTHIBE
SECOND RESPONDENT
ROBBY
SIKWANE
THIRD RESPONDENT
STANLEY
BODIBE
FOURTH RESPONDENT
MOGODOPI
MOREMI
FIFTH RESPONDENT
MARIA
RAKITLA
SIXTH RESPONDENT
PIET
RAKITLA
SEVENTH RESEPONDENT
JOEL
SINDANE
EIGHTH RESPONDENT
ELLEN
MAKUBETSI MORIFI
NINTH RESPONDENT
ELIZABETH
SKOSANA
TENTH RESPONDENT
THABISO
MATOME
ELEVENTH RESPONDENT
BOITUMELO
MOHOLOENG MATHULOE
TWELFTH RESPONDENT
KATLEGO
MOGAPI
THIRTEENTH RESPONDENT
MARTHA
MOKOENA
FOURTEENTH RESPONDENT
JUDGMENT
Van der Schyff J
[1]
The applicants appeared
in person, with the first applicant the spokesperson. The applicants
informed the court that they want to
intervene in a rescission
application brought under the same case number that is enrolled for
hearing on the unopposed motion roll
on 29 September 2025.
[2]
The application was
opposed by the first, second, third and fifth respondents. The
eleventh and thirteenth respondents appeared
in person. They informed
the court that they were not served timeously with the application.
[3]
The joinder application
is intrinsically linked to the rescission application. Due to the
limited time frames within which the joinder
application was brought
and the fact that the rescission application is enrolled for 29
September 2025, I am of the view that both
applications must be heard
simultaneously. I am not inclined to make a final order and the
application is to be referred to be
heard in the unopposed motion
court on 29 September 2025.
ORDER
In the result, the
following order is granted:
1.
The joinder
application by the intervening parties is referred to be heard on the
unopposed motion roll of 29 September 2025. The
parties must appear
before Van der Westhuizen J for directions.
2.
Costs reserved.
E van der Schyff
Judge of the High Court
Delivered: This judgment
is handed down electronically by uploading it to the electronic file
of this matter on CaseLines. In the
event that there is a discrepancy
between the date the judgment is signed and the date it is uploaded
to CaseLines, the date the
judgment is uploaded to CaseLines is
deemed to be the date that the judgment is handed down.
The
applicants:
In
person
For
the 1
st
, 2
nd
, 3
rd
and
5th respondents:
Adv.
C. Smit
Instructed
by:
Serfontein,
Viljoen & Swart
The
11
th
and 14
th
respondents:
In
person
Date
of the hearing:
26
September 2025
Date
of judgment:
26
September 2025
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