YU Quang v Hata-Butle (Pty) Ltd (C of A (CIV) 28 of 2019) [2020] LSCA 32 (30 October 2020)

CONDONATION - Application for condonation of failure to deliver an answering affidavit within the period stipulated in High Court Rule 8 (10) (b) – Applicant must in terms of Rule 59 satisfy the court that it is in the interests of justice to exercise its discretion in favour of condoning the failure to follow the rules – Nature of court’s discretion and factors to be considered in exercising it discussed. CHIEFTAINSHIP - Whether the King ought to be joined in proceedings challenging a legal notice made pursuant to section 14(2) of the Chieftainship Act. King having acted on the advice of the Minister of Local Government and Chieftainship Affairs- Court finds it improper and unnecessary to cite or join the King in such proceedings- where the King in such circumstances has been so advised by the Minister he is obliged to follow the advice and act accordingly. Therefore, it is unnecessary to burden the King with service where no direct recourse is sought or may be obtained against him. Reviewing and setting aside of the advice of the Minister of Chieftainship Affairs to the King, as to who should succeed to the office of Chief. Setting aside of a government notice declaring a successor to chieftainship. Declarator of the lawful and rightful Chief.