In papers submitted to the high court in Pietermaritzburg this week, the LRC has asked that Ngwenya’s notice of application for leave to appeal, which was filed on 5 July, be declared null and void.
, under whose portfolio the ITB falls, was ordered to provide the court with three monthly updates on progress toward implementing the court judgment. She has done so.
Naidoo said they had filed a document, “certified extract of a resolution of the Ingonyama Trust special board meeting” which “does not prove the authority of the attorneys to apply for leave to appeal and prosecute an appeal on behalf of the trust and the board”.“Neither of these documents proves the authority of Mason Incorporated to apply for leave to appeal and prosecute an appeal on behalf of the trust or the board,” Naidoo said.
He added that as a former judge, Ngwenya was “not a lay person who can claim not to understand what constitutes proof in this regard”. “On the papers, given his repeated failure to provide the simple proof that is required, it is reasonable to conclude that he is so acting,” Naidoo said.
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