‘Stop wilful disregard of courts’

ILSE DE LANGE

JOHANNESBURG - The situation pertaining to court orders not being complied with was of such a nature that it could be the beginning of a constitutional crisis in South Africa, a North Gauteng High Court judge said yesterday.

“If our courts don’t act swiftly and strictly to stop the wilful disregard of court orders, the rule of law will be undermined and South Africa will, in my view, be entering the realms of a constitutional crisis.

“...The only institution that stands between anarchy and the normal citizen is the courts.

“The courts have a duty to protect normal, honest citizens and should not hesitate to do so,” Acting Judge Roelof du Plessis said.

Judge du Plessis granted judgment in favour of Ermelo businessman Henk Celliers, who was in court for the seventeenth time in a desperate attempt to regain control of his lucrative diesel distribution business, which was simply taken over by wealthy business rival Percy Masinga and his business Ufudu Transport.

Celliers had been trying to get Masinga out of his business since February last year without success, with Masinga ignoring numerous court orders and managing to evade arrest since October last year, when he was sent to jail for 30 days for contempt of court.

The judge ordered the Sheriff of the High Court to proceed with a sale in execution of Masinga’s shares in Ufudu Transport as well as an eviction order against Masinga and his company, who will have to leave the premises within the next two days.

The sheriff was authorised to evict them if necessary and the SA Police Service to assist the sheriff to ensure that court orders were promptly enforced against them and to assist and protect Celliers and his employees from Masinga’s unlawful conduct.