CIVIL PRACTICE – COMPLIANCE WITH COURT ORDERS AND CONSEQUENCES OF NON-COMPLIANCE THEREOF

CIVIL PRACTICE – COMPLIANCE WITH COURT ORDERS AND CONSEQUENCES OF NON-COMPLIANCE THEREOF

The applicant launched an urgent application which was heard on 18 March 2022 before another court. On 18 March 2022, the first respondent was ordered to inter alia, do everything necessary to partially remove the freeze in terms of section 6(2) (f) of the Banking Institutions Act of 2 of 1998, placed on the applicant’s account held with the third respondent in order for applicant to meet its necessary day-to-day business expenses. The applicant then launched another urgent application before this court and was heard on 8 June 2022 on the basis that the compliance officer of the third respondent and authorised officers of the first respondent have been frustrating and obstructing the implementation of the 18 March 2022 court order through their unlawful imposition of unwarranted and impossible conditions to the release of funds. Because of this, it was alleged that the applicant continuously and massively suffered both operationally and financially.

The respondents’ case was that they have requested supporting documents from the applicant to substantiate the claims the applicant claimed were necessary day-to-day expenses of the business. According to the respondents, the applicant should merely provide the documentation that is required to enable the respondents to determine and be satisfied that the expenses which the applicant claims must be paid are indeed necessary day-to-day business expenses of the applicant to enable them to pay the expenses.

TOMMASI J discussed principles of civil practice in respect of compliance with court orders and held that:

1. When courts issue orders, they do so not as suggestions or pleas to the persons at whom they are directed. Court orders issued ex cathrada, are compulsive, peremptory and expressly binding. It is not for any party; be he high or low, weak or mighty and quite regardless of his status or standing in society, to decide whether or not to obey; to choose which to obey and which to ignore or to negotiate the manner of his compliance.
2. The order issued on 18 March 2022 has not been varied or rescinded, that said order still stands and is binding on all the parties.
3. Third and fourth respondents and to the extent necessary, first and second respondents must comply with the court order dated 18 March 2022 with immediate effect.

CBI Exchange Namibia (Proprietary) Limited v Bank of Namibia NAHCMD 7 July 2022