Case no. 601/20
In the high Court of South-Africa (Northern Cape Division)
Kimberley: the 16th day of march 2020
before the honourable MS acting justice Phatshoane
In the matter of: Northern Cape Rural TVET College and
Sikupela Lunathi Afika
Links Branden Marcel Quenten
Galorakwe Nandipha Agisanyang
Hill Cry Me Charizan Rayna Yannick
Moeti Galaletsang Theodorah
Kgositoi Matshidiso Jacqueline
Makhandula Sandile Walter
Mokabo Karabo Innocent
Seikaneng Mosisaotsile Elvis
Having heard ADV Makgate for the applicant and having read the documents filed of record;
It is ordered that:
The matter be heard as one of urgency in terms of rule 6(12) of the uniform rules of court and dispensing with forms of service and the time period prescribed in the uniform rules of court;
That a rule nisi is issued calling upon the Respondents to show cause on 24 April 2020 why the following order should not be final.
2.1 That the Respondents are interdicted from committing any act which is prejudicial to the good name, administration, discipline or efficiency of the Applicant or acting in any way which is detrimental to the name or normal functioning of the Applicant,
2.2 That the Respondents are interdicted from interfering with the administration of the Applicant,
2.3 That the Respondents are interdicted from Instructing or causing any employee, staff member or official of the Applicant to vacate their offices and/ or to leave any of the campuses of the Applicant;
2.4 That the Respondents are interdicted from intimidating, threatening, assaulting and/ or harassing any of the employees, staff members and/or officials of the Applicant;
2.5 That the Respondents are interdicted from making the campuses
of the Applicant, ungovernable.
2.6 That the Respondents are interdicted from assaulting any member of the public, students of the Applicant and staff members of the Applicant:
2.7 That the Respondents are interdicted from blockading the entrance and/or entrances of the Applicant’s campuses by erecting structures or creating obstacles at Upington and any other campus of the Applicant intended to prevent members of public, students of the Applicant and staff members of the Applicant to enter the aforesaid campuses;
2.7 That the Respondents are interdicted from organizing and participating in any protests, protest meetings and protest marches at any of the campuses and or within a radius of 1 Km of any such campus of the Applicant without the necessary written approval by the Principal of the Applicant;
2.8 That the Respondents are interdicted from participating in any conduct which would result in the commencement and/ or escalation of violence at any of the Applicant’s campuses;
2.9 That the Respondents are ordered to pay the costs of the application
3 That prayers 2.1 to 2.9 shall serve as interim interdict against the Respondents pending final determination of the issues on the return date.
4. This order and application are to be served as follows:
4 1 By the Sheriff on the Respondents by reading out the order by loudhailer at the entrance or entrances to campuses or premises affected by protest action;
4.2 By the Sheriff on the Respondents in accordance with the Uniform Rules of this Court;
4.3 By posting this court order on the official website of the Applicant, www ncrtvet.co.za;
4.4 By posting a copy of this court order at all entrances to the Campuses of the Applicant situated in Upington, De-Aar and all other campuses.
5 The Respondents are entitled to anticipate the return date after 24 hours
written notice to the Applicants attorney.