VAN DER WESTHUIZEN J
in consultation with each other . . . Each sphere of government must accept
responsibility for the implementation of particular parts of the program‖.43
[43] In this case, the national and provincial spheres of government are not before
this Court.44 An application by the City to join the provincial government as a party
in the proceedings was refused by the High Court. The Supreme Court of Appeal
noted that the City was ―aggrieved‖ about this but found that, although generally
speaking the provincial government has an important role to play, its joinder was not
necessary in these proceedings because only the City‘s obligations were at issue and
the province did not have any direct and substantial interest in any order that may
have been made.45
[44] Generally, a party must be joined in proceedings if it has a direct and
substantial interest in any order the court might make, or when an order cannot be
effected without prejudicing it.46 The Rules of this Court require the joinder of an
organ of state responsible for executive, administrative or legislative conduct that is
43
Grootboom above n 12 at para 40.
44
On the eve of the hearing the Minister for Human Settlements filed an affidavit with this Court. Neither the
Minister nor his department is party to these proceedings. The Minister did not ask to be joined. The affidavit
was filed very late without any explanation or request for condonation. Its admission was opposed by the
Occupiers. There is no basis for the affidavit‘s admission.
45
Above n 3 at para 68.
46
See for example Amalgamated Engineering Union v Minister of Labour 1949 (3) SA 637 (A) at 659 and
Selborne Furniture Store (Pty) Ltd v Steyn NO 1970 (4) SA 422 (A) at 423A-B.
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