The Free State High Court in Bloemfontein has dismissed an urgent application by the Minister of Police and the National Director of Public Prosecutions (NDPP), reaffirming the execution order obtained by Malefetsane Ezekiel Letshela in a case rooted in allegations of unlawful arrest and detention.
The legal dispute began on 6 September 2023, when Letshela issued summons against the minister and the NDPP in the Regional Court, Bethlehem, citing unlawful arrest, detention, and malicious prosecution. The applicants failed to file a notice of intention to defend, leading to a default judgment on 30 November 2023.
On 25 March 2024, the applicants finally filed their notice of intention to defend, but by 11 April 2024, the regional court had already granted an order by default on quantum against them. As a result, Letshela obtained a warrant of execution against their property.
Execution of property and urgent legal challenges
The execution order was enforced when the Pretoria Central Sheriff received the writ on 12 August 2024. On 20 August 2024, the sheriff attached movable property at the minister’s offices.
In response, the ministers approached the regional court with a two-part application on 12 December 2024:
- Part A sought an urgent interim order to stay the warrant of execution issued on 29 July 2020, pending their application for rescission of judgment.
- Part B sought rescission of default judgments on merits and quantum.
On 19 May 2025, Acting Judge L Mpama ruled on the police ministers’ urgent application to halt enforcement of the execution order. The court upheld the special defence of lis pendens, determining that the regional court proceedings were still active and had not been dismissed. Since the cause of action and relief sought were identical in both courts, the High Court declined jurisdiction over the matter.
Due to procedural missteps, the regional court struck off the ministers’ initial urgent application. Their High Court appeal also failed, with Judge Mpama concluding that the claims were identical to existing regional court proceedings, making the application moot.
Judge Mpama discharged the rule nisi granted to the ministers and ordered them to cover Letshela’s legal costs. The court reaffirmed the execution order, stating: “A case becomes moot if it is entertained very late after the issues underlying the dispute between the parties have been resolved.”
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