Central Drug Authority and Another v Ucko (A87/2023) [2024] ZAGPPHC 453 (14 May 2024)

Central Drug Authority and Another v Ucko (A87/2023) [2024] ZAGPPHC 453 (14 May 2024)

The court held that the trial court exercised its discretion correctly in refusing the upliftment of the bar and condonation for late delivery of the plea. The CDA failed to demonstrate good cause or a bona fide defence, as its only defence was the absence of a contract, which was irrelevant to the statutory claim. The interests of justice justified hearing the appeal on its merits, but the appeal itself was dismissed. The conduct of counsel for the appellant was found to be unbecoming and referred to the Legal Practice Council for investigation. The court declined to grant a punitive costs order, finding the disregard of rules to be due to ineptness rather than deliberate misconduct, and...

Citation
[2024] ZAGPPHC 453
Parties
Appellant: Central Drug Authority; Appellant: Minister of Social Development; Respondent: Clive Peter Ucko
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 May 2024
Case Number
A87/2023
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Interlocutory Application for Upliftment of Bar and Condonation
Outcome
Appeal dismissed; condonation and revival granted for pragmatic reasons; costs awarded against appellant on party and party scale B; judgment referred to Legal Practice Council.
Judges
GN Moshoana, NP Mali
Legal Topics
Upliftment of Bar, Condonation, Bona Fide Defence, Exercise of Discretion, Costs Order
Civil Procedure Upliftment of Bar Condonation Bona Fide Defence Exercise of Discretion Costs Order

Case Brief

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Parties

Central Drug Authority

Appellant

Minister of Social Development

Appellant

Clive Peter Ucko

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Interlocutory Application for Upliftment of Bar and Condonation

Legal Issues

  1. 1 Whether the trial court correctly exercised its discretion in refusing the upliftment of the bar and condonation for late delivery of plea.
  2. 2 Whether the appellant demonstrated good cause and a bona fide defence to justify condonation and upliftment of the bar.
  3. 3 Whether the conduct of counsel for the appellant warranted referral to the Legal Practice Council.

Ratio Decidendi

The court held that the trial court exercised its discretion correctly in refusing the upliftment of the bar and condonation for late delivery of the plea. The CDA failed to demonstrate good cause or a bona fide defence, as its only defence was the absence of a contract, which was irrelevant to the statutory claim. The interests of justice justified hearing the appeal on its merits, but the appeal itself was dismissed. The conduct of counsel for the appellant was found to be unbecoming and referred to the Legal Practice Council for investigation. The court declined to grant a punitive costs order, finding the disregard of rules to be due to ineptness rather than deliberate misconduct, and...

Court Disposition

Appeal dismissed; condonation and revival granted for pragmatic reasons; costs awarded against appellant on party and party scale B; judgment referred to Legal Practice Council.

Orders

  • The lapsed appeal is revived.
  • Condonation for late noting and prosecution of the appeal is granted.