Njabulo's appeal struck off after failure to pay E200

Mabuza had filed an appeal against First International Director Ali Khan over a High Court judgment directing him to transfer property into Khan’s name. He had sold the property to Khan for E270 000 but, before completion of the transfer, he sold the same property to another buyer.

This was despite that Khan had already paid him by settling Mabuza’s bond in one of the financial institutions and settling outstanding rates for the same property.

Mabuza yesterday appeared on his own as his lawyers, Lloyd Mzizi, remained in solidarity with the lawyers who are on boycott. Clad in a grey suit, Mabuza appeared before Supreme Court Judges Stanley Moore, who presided, Dr Seth Twum and Ian Farlam. He asked to have the matter postponed to the 2012 session because his lawyer was not present.

"My Lords, in the absence of my attorney, may I request to have the matter postponed to the next session?

"My lawyer advised me to postpone the matter and he has consulted with the respondent’s attorney to have the matter postponed and they agreed. This is a civil matter, therefore I cannot be able to make any arguments," Mabuza said. Judge Moore pointed out that the Supreme Court Registrar Lorraine Hlophe had indicated that he had not paid the E200 as security for costs. He advised him that the rules stipulated that, in that case, the matter was to be struck off the roll. Mabuza said he had not been made aware of this since all court documents are received by his attorney. He said he had been made aware that the case would be heard yesterday, late on Monday. He expressed appreciation to the court for bringing the issue of security for costs to his attention. He said, however, only his lawyer would be able to address it.Judge Moore brought to Mabuza’s attention a note which was attached to the court roll warning attorneys and litigants that there would be no postponements and, if one wanted one, they had to apply before an open court. The notice also stated that all litigants in the court roll were to be present, but Mabuza and most other litigants in civil matters were not present. Mabuza reiterated that it is his attorney who received all court documents and he had not been advised of anything.

Judge Moore then struck the matter off the roll.

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