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South Africa Judgment

South Gauteng High Court, Johannesburg

Anglo American Emea Shared Services (Pty) Ltd and Another v Limpop Propellers CC and Others (899/2020) [2025] ZAGPJHC 147 (17 February 2025)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The respondent failed to comply with the discovery order dated 20 February 2024, despite proper service and multiple opportunities to do so. The only reasonable inference is that the respondent is not serious about litigating as required by the rules of court. Although the respondent undertook to comply with the order by a specified date, the matter was not ready for hearing and the applicants were entitled to have the matter removed and to recover wasted costs on scale C from the respondent.

Court disposition

The matter was removed from the roll and the respondent was ordered to pay the wasted costs on scale C.

Orders

  • The matter is removed from the roll.
  • The second defendant is to pay the wasted costs on scale C.

02

Material facts

Parties

Anglo American Emea Shared Services (Pty) Ltd

Applicant Counsel: Adv Mark Smit

Anglo American Services (UK) Ltd.

Applicant Counsel: Adv Mark Smit

Limpopo Propellers CC

Respondent Counsel: Adv T Malungani

03

Procedural history

  1. Posture

    Civil Procedure / Application for Striking Out Defence and Wasted Costs Order

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants argued that the respondent failed to comply with the court's discovery order dated 20 February 2024, despite proper service of all relevant documents and repeated opportunities to comply. They submitted that the respondent's continued non-compliance demonstrated a lack of seriousness in litigating the matter and justified the striking out of the defence and an order for wasted costs.
Respondent
The respondent conceded proper service of all documents but claimed that its previous attorneys had let it down, resulting in non-compliance. Through newly appointed counsel, the respondent undertook to comply with the discovery order by 4pm on 27 February 2025 and requested that the matter not proceed to hearing until compliance was effected.

05

Court’s reasoning

  1. 01

    Uniform Rules of Court, Rule 35

    A party's failure to comply with a discovery order may justify the striking out of its defence and the awarding of wasted costs.

  2. 02

    South African case law on procedural fairness

    Proper service of documents and repeated opportunities to comply are relevant factors in determining whether a party is acting in good faith in litigation.

06

Ratio, limits and disposition

Ratio decidendi

The respondent failed to comply with the discovery order dated 20 February 2024, despite proper service and multiple opportunities to do so. The only reasonable inference is that the respondent is not serious about litigating as required by the rules of court. Although the respondent undertook to comply with the order by a specified date, the matter was not ready for hearing and the applicants were entitled to have the matter removed and to recover wasted costs on scale C from the respondent.

Obiter and limits

  • The respondent's last-minute engagement of new counsel and vague explanations for non-compliance do not excuse its procedural failures.
  • Litigants must take court orders seriously and ensure compliance to avoid adverse procedural consequences.

Court disposition

The matter was removed from the roll and the respondent was ordered to pay the wasted costs on scale C.

  • The matter is removed from the roll.
  • The second defendant is to pay the wasted costs on scale C.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment text

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Source document

South Gauteng High Court, Johannesburg

Judgment

[2025] ZAGPJHC 147

IN THE HIGH COURT OF

SOUTH AFRICA

GAUTENG DIVISION,

JOHANNESBURG

CASE NO: 899/2020

1. Reportable: No

2. Of interest to other judges: No

3. Revised

17 February 2024

ANGLO AMERICAN EMEA

SHARED

SERVICES (PTY) LTD

First Applicant

ANGLO AMERICAN SERVICES (UK) LTD. Second Applicant

And

LIMPOPO

PROPELLERS CC

Respondent

In Re:

SERVICES (PTY) LTD

First Plaintiff

ANGLO AMERICAN SERVICES (UK) LTD Second Plaintiff

POXX ENTERPRISES (PTY) LTD

First Defendant

LIMPOPO

PROPELLERS CONSULTING CC

Second Defendant

JOSHUA

MACHUTE RAPOO

Third Defendant

PATRICK

TEBOGO RAPOO

Fourth Defendant

THAMMY

SEKGOBELA

Fifth Defendant

LE -THA-NELLY KGWEBO A TIRO (PTY) LTD Sixth Defendant

BAIPUSHI CIVIL AND ELECTRICAL (PTY) LTD Seventh Defendant

FIRST RAND BANK

LIMITED

T/A

FIRST NATIONAL BANK

Eighth Defendant

ABSA

BANK LIMITED

Ninth Defendant

JUDGMENT

WRIGHT J

1. The applicant companies instituted action against a number of defendants.

2. The second defendant, now the present respondent, Limpopo, filed a plea. Later the applicants’ attorneys sought discovery by the respondent. Such was not forthcoming and on 20 February 2024 this court ordered discovery by the respondent within five days. The order allowed the applicants to approach the court for a striking out of the respondent’s defence. Discovery was not forthcoming.

3. A striking out application was launched on 6 March 2024. The applicants sought the striking out of the defence and judgement for the money amounts claimed in the action.

4. The striking out application and the documents preceding it were all served timeously on the respondent’s then attorneys. These attorneys withdrew as attorneys of record on 19 April 2024.

5. On the day of the hearing, 31 July 2024, Mr Makaepea, apparently the moving force behind Limpopo, appeared personally. The judge hearing the matter postponed the application to afford the respondent an opportunity to oppose the application.

6. New attorneys came on board for Limpopo and an answering affidavit was filed. It is conceded in this affidavit that there was proper service of all documents hitherto. It is stated vaguely that Limpopo was let down by its former attorneys.

7. To date, there is still no compliance with the order of 20 February 2024. The only inference to be drawn is that Limpopo is not serious about litigating as it should.

8. At the last minute, Ms Malungani appeared for the respondent.

9. She was briefed only yesterday. The matter is not ready for hearing.

10. Ms Malungani undertook on behalf of her client that it would discover by 4pm on 27 February 2025.

ORDER

1. The matter is removed.

2. The second defendant is to pay the wasted costs on scale C.

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

HEARD 17 February 2025

DELIVERED: 17 February 2025

APPEARANCES:

Applicants Adv Mark Smit

marksmit1900@gmail.com

082 330 1808

Instructed by Cliffe Dekker Hofmeyr

011 562 1148 / 072 037 0082

Corne.Lewis@cdhlegal.com / Nishan.Pillay@cdhlegal.com

Respondent Adv T Malungani

Instructed by CHAYYA ATTORNEYS

015 295 9626

arshad@chayyaattorneys.co.za

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Uniform Rules of Court, Rule 35

Legislation

Legislation referenced in the available case record.

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