Apleni v Minister of Police; Mashiyana v Minister of Police (8084/2018; 8085/2018) [2021] ZAWCHC 275 (21 July 2021)

Apleni v Minister of Police; Mashiyana v Minister of Police (8084/2018; 8085/2018) [2021] ZAWCHC 275 (21 July 2021)

The court found that the respondent's written admissions in the plea and correspondence constitute an admission of liability for damages as required by Uniform Rule 34A(4)(a). The respondent's argument that admission of quantum is necessary was rejected, as the Rule and relevant case law only require admission of the merits. The applicants' evidence of loss of income was accepted, as their affidavits and expert reports were uncontradicted and demonstrated ongoing unemployment and financial hardship resulting from the shooting incident. The amounts sought for interim payment were found to be reasonable and just, considering the applicants' prior earnings and the duration of unemployment....

Citation
[2021] ZAWCHC 275
Parties
Plaintiff: Vuyokasi Apleni; Plaintiff: Nontsindiso Peggy Mashiyana; Defendant: Minister of Police
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
21 July 2021
Case Number
8084/2018; 8085/2018
Procedural Posture
Interim Payment Application / Application for Interim Payment Under Uniform Rule 34 A; Unopposed Roll; Oral Argument Heard
Outcome
Interim payment applications granted; respondent ordered to pay specified amounts to applicants; costs awarded to applicants; directions given for further conduct of the action.
Judges
Mangcu-Lockwood
Legal Topics
Interim Payment, Personal Injury, Loss of Income, Uniform Rule 34a, Admission of Liability
Civil Procedure Delict Interim Payment Personal Injury Loss of Income Uniform Rule 34a Admission of Liability

Case Brief

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Parties

Vuyokasi Apleni

Plaintiff

Nontsindiso Peggy Mashiyana

Plaintiff

Minister of Police

Defendant

Procedural Posture

Interim Payment Application / Application for Interim Payment Under Uniform Rule 34 A; Unopposed Roll; Oral Argument Heard

Legal Issues

  1. 1 Whether the respondent's written admission of liability for damages satisfies the jurisdictional requirement under Uniform Rule 34A(4)(a).
  2. 2 Whether the applicants have incurred a loss of income as a result of the shooting incident.
  3. 3 What constitutes a reasonable amount for interim payment under Rule 34A.

Ratio Decidendi

The court found that the respondent's written admissions in the plea and correspondence constitute an admission of liability for damages as required by Uniform Rule 34A(4)(a). The respondent's argument that admission of quantum is necessary was rejected, as the Rule and relevant case law only require admission of the merits. The applicants' evidence of loss of income was accepted, as their affidavits and expert reports were uncontradicted and demonstrated ongoing unemployment and financial hardship resulting from the shooting incident. The amounts sought for interim payment were found to be reasonable and just, considering the applicants' prior earnings and the duration of unemployment....

Court Disposition

Interim payment applications granted; respondent ordered to pay specified amounts to applicants; costs awarded to applicants; directions given for further conduct of the action.

Orders

  • In case number 8084/2018, the respondent shall pay R130,380 as interim payment to the applicant's attorney by 5pm on 20 August 2021.
  • In case number 8085/2018, the respondent shall pay R81,400 as interim payment to the applicant's attorney by 5pm on 20 August 2021.