Nqobile Nxumalo dug into his faith to get him through a claim for arrear rentals and an application by his landlord for his eviction, telling the Eastern Cape High Court (Gqeberha) that he did not have a legal representative.

However, he said that ‘according to my faith I believe I am represented by the advocate of all advocates, the holy spirit in my lord and saviour’s name, Jesus Christ’.

A Daily Dispatch report says Judge Mandela Makaula found that Nxumalo had relied on legal phrases which, on their own, and without context or relevance, appeared meaningless.

When cobbled together in sentences, they were garbled beyond understanding.

In comments sprinkled through the judgment, the judge said Nxumalo’s allegations variously lacked merit, were confusing, unsubstantiated, unintelligible, and ‘incomprehensible to say the least’.

In an understated comment, Makaula found Nxumalo’s attempt to argue a case of legal exception was ‘a conglomeration of various defences and processes’. ‘It was difficult for me to even begin to summarise or paraphrase the grounds (Nxumalo) relied upon, because I could not discern what was actually pleaded.’

The Daily Dispatch report notes Curoserve bought the building in which Nxumalo was a tenant in October 2018 and issued summons against him for outstanding rental during the lockdown in July 2020.

Nxumalo first indicated he would defend and then applied for an exception to Curoserve’s particulars of claim.

Makaula said Nxumalo had not excepted on the basis that the claim against him was vague and embarrassing, or that Curoserve did not have a right to be heard in court – among the grounds allowed for exceptions in legal processes.

His application also sought to strike out allegations, but this had nothing to do with the exception.

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Judgment