LISTEN: Removed but not struck off: Ark matter delayed on technicality
We asked Dr Peter Munns to explain what his mission to re-establish a homeless shelter in Durban to replace The Ark really means to him.
JUDGE Anton van Zyl on Monday, 25 November, removed the case between Dr Peter Munns on behalf of The Ark against the City of eThekwini from the roll, but stressed that the matter had not been “struck off” or dismissed.
By 2.15pm, the battle, which Munns expected would see him spending nine days in the Durban High Court, was over. For now.
In his decision Judge Van Zyl pointed out that when a case is struck off the roll it indicated the court’s displeasure with it and was a dismissal. However, by merely removing it and reserving any ruling pertaining to the costs, left the option to have the matter re-enrolled at a later date.
ALSO READ: VIDEO: Battle for ‘The Ark’ continues at Durban High Court
Munns is taking on eThekwini Municipality on his own as he represents the Ark homeless shelter on the Durban beachfront, which was closed down more than a decade ago.
Judge Van Zyl ruled that the matter could resume once the company cited as the plaintiff — The Durban Ark Concepts NPC — had been re-registered with the Companies and Intellectual Properties Commission (CIPC).
“The judge did not understand the case and held his view on one common law point of registration and did not take into account I was chairman of The Ark Christian Ministries Church,” Munns said.
Asked if the court had indicated any deadline by which Munns would need to get the requirements fulfilled for the matter to be returned to the roll, Munns said he was not going to be wasting any time.
“[There is] No deadline at all but we will not be idle in getting back to the High Court,” he said.
“We will be back to explain it more easily for any judge that at least has his head around this case and fully understands the history,” said Munns.
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