Belchir v Malik Laboraties Pty (Ltd) (58472/2020) [2022] ZAGPPHC 397 (26 May 2022)

Belchir v Malik Laboraties Pty (Ltd) (58472/2020) [2022] ZAGPPHC 397 (26 May 2022)

The court found that the applicant's diplomatic immunity ceased on 19 May 2016, as confirmed by the DIRCO certificate. The cause of action arose in 2018, after the immunity had lapsed. The applicant failed to prove that his name was on the register of persons entitled to immunity at the relevant time. The DIRCO certificate was accepted as prima facie evidence, and the applicant's diplomatic passport, issued by Chad, did not confer immunity in South Africa. The court held that the requirements for rescission under Rule 42(1) were not met, as the judgment was not granted erroneously. The applicant did not present a bona fide defence with prospects of success, and the application for...

Citation
[2022] ZAGPPHC 397
Parties
Applicant: Mahamoud Adam Bechir; Respondent: Malik Laboraties Pty (Ltd)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 May 2022
Case Number
58472/2020
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment Under Rule 42 and Common Law
Outcome
Application for rescission of default judgment dismissed with costs.
Judges
N.P. Mali
Legal Topics
Rescission of Default Judgment, Diplomatic Immunity, Rule 42 Uniform Rules, Acknowledgment of Debt
Civil Procedure Rescission of Default Judgment Diplomatic Immunity Rule 42 Uniform Rules Acknowledgment of Debt

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Parties

Mahamoud Adam Bechir

Applicant

Malik Laboraties Pty (Ltd)

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment Under Rule 42 and Common Law

Legal Issues

  1. 1 Whether the default judgment granted on 24 May 2019 was issued erroneously as envisaged by Rule 42 or common law.
  2. 2 Whether the applicant was entitled to diplomatic immunity at the time the cause of action arose.
  3. 3 Whether the applicant has shown sufficient cause for rescission under common law.

Ratio Decidendi

The court found that the applicant's diplomatic immunity ceased on 19 May 2016, as confirmed by the DIRCO certificate. The cause of action arose in 2018, after the immunity had lapsed. The applicant failed to prove that his name was on the register of persons entitled to immunity at the relevant time. The DIRCO certificate was accepted as prima facie evidence, and the applicant's diplomatic passport, issued by Chad, did not confer immunity in South Africa. The court held that the requirements for rescission under Rule 42(1) were not met, as the judgment was not granted erroneously. The applicant did not present a bona fide defence with prospects of success, and the application for...

Court Disposition

Application for rescission of default judgment dismissed with costs.

Orders

  • The application is dismissed with costs.