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The University of Mpumalanga has found itself at the centre of a high-stakes legal dispute involving two construction giants, local community leaders, and senior police officials. The matter stems from a R500 million development project currently underway at the university’s Mbombela campus.
NPE Construction (Pty) Ltd and Trencon Construction (Pty) Ltd, the companies managing the massive construction project, approached the courts in 2023 seeking protection from individuals who allegedly stormed the site, issued threats, and caused damage. According to court papers, the situation escalated to the point where an attorney was reportedly attacked, and a vehicle vandalised, leaving workers fearing for their safety.
Initially, the two firms turned to the Mbombela Magistrate’s Court, requesting an urgent interdict to bar the group from accessing the site. However, the court dismissed their application, claiming it lacked jurisdiction due to the project’s R500 million value—far exceeding the court’s R400,000 threshold.
This week, Acting Judge Kgama Shai and Mpumalanga Deputy Judge President Takalani Ratshibvumo of the Mpumalanga High Court overturned that ruling. They slammed the magistrate’s court for misinterpreting the issue of jurisdiction.
“The lower court wrongly assumed that jurisdiction was determined by the value of the project,” said Judge Shai. “In fact, jurisdiction in interdicts should be based on the cost to stop unlawful conduct, not the overall value of a business or project.”
The judges further criticised the magistrate for raising the jurisdiction issue mero motu (of their own accord), noting that while courts are permitted to do so, the facts of this case did not justify such action. “This was a misdirection,” they ruled.
The University of Mpumalanga, as the site owner, was named as the fourteenth respondent in the matter. Also cited were the Nelspruit police station commander and the Mpumalanga police commissioner, accused of failing to intervene during the tense 2023 standoff.
Importantly, the High Court found that the omission of the project’s R500 million value in the founding affidavit was not sufficient grounds to dismiss the case.
The ruling is expected to pave the way for further legal proceedings and may reignite tensions between the construction firms, local stakeholders, and law enforcement.
