Click here to read the full judgment on Saflii

[1]        On the 9 June 2020, Lowe J issued a rule nisi calling upon respondents to show cause on 17 June 2020 why a final order in the following terms should not be issued:

“2.1 the First and Second Respondent’s cause the ablution facilities at Tantseka Junior Secondary School, Julukuqu Junior Secondary School and Xwili Junior Secondary, all of O.R. Tambo District, to be repaired and/or replaced and/or reinstated to the building specification’s and condition which the First Respondent was originally contracted to effect, within 20 days of this Order.

2.2 the First and Second Respondent’s pay the costs of the application on a scale as between attorney and client, jointly and severally the one paying the other to be absolved, such costs to include the costs consequent upon the employment of two Counsel.”

This in addition to another part of the rule nisi that is returnable on the 28 July 2020 in respect of which the respondents are required to show cause why an order in the following terms should not be issued:

“1.1 The First and Second Respondent’s be declared to be in contempt of the Order of this Court of 7th June 2020;

1.2 The Second Respondent be incarcerated for a period of 6 (SIX) months;

1.3 The Second Respondent be declared to have breached the condition of suspension at paragraph 3.2 of the Order of this Court of 30th August 2019; and

1.4 The Second Respondent be incarcerated for 6 (SIX) months.”

[2]        The respondents did not file any opposing papers in respect of both the application for a rule nisi and in relation to the application for the confirmation thereof.  

[3]        On the return date, the managing member of first respondent Mr Ntaphane and second respondent appeared in person. They handed up a bundle of documents as annexures to or document entitled “Affidavit". More about this document later.