LISTEN: Removed but not struck off: Ark matter delayed for 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 to see him spending nine days in the Durban High Court, was over. For now.
In his decision Judge Van Zyl pointed out that while striking off a case indicated the court’s displeasure with it and was a dismissal, removing it and reserving any ruling about the costs left the option to have the matter re-enrolled at a later date.
Munns is standing alone against the eThekwini Municipality to try to represent a homeless shelter on the Durban beachfront, which was closed down over a decade ago.
ALSO READ: WATCH: One man’s mission to rebuild ‘The Ark’ heads to Durban High Court
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.
ALSO READ: VIDEO: Battle for ‘The Ark’ continues at Durban High Court
“(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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