Commins v Minister of Police (4982/2016) [2019] ZAECGHC 93 (19 September 2019)

Commins v Minister of Police (4982/2016) [2019] ZAECGHC 93 (19 September 2019)

The court held that the defendant's original plea, when read in context, did not constitute an unequivocal admission of unlawful assault. The plea set out facts supporting a defence of self-defence and defence of others, and thus the interpretation advanced by the plaintiff was not tenable. The court further found that the proposed amendment would not render the plea vague and embarrassing, as any factual allegations not specifically denied would be deemed admitted under Rule 23(3). The defendant was entitled to clarify his position and put the plaintiff to the proof of damages and injury. Accordingly, the application for leave to amend the plea was granted.

Citation
[2019] ZAECGHC 93
Parties
Plaintiff: Gavin Denver Commins; Defendant: Minister of Police
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
19 September 2019
Case Number
4982/2016
Procedural Posture
Civil Application / Application for Leave to Amend Plea
Outcome
Application for leave to amend the plea granted.
Judges
J.E. Smith
Legal Topics
Amendment of Pleadings, Withdrawal of Admission, Vague and Embarrassing Pleading
Civil Procedure Amendment of Pleadings Withdrawal of Admission Vague and Embarrassing Pleading

Case Brief

Summary, issues, holding and outcome

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Parties

Gavin Denver Commins

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Application / Application for Leave to Amend Plea

Legal Issues

  1. 1 Whether the defendant may amend his plea to withdraw an alleged admission of assault.
  2. 2 Whether the proposed amendment would render the plea vague and embarrassing.

Ratio Decidendi

The court held that the defendant's original plea, when read in context, did not constitute an unequivocal admission of unlawful assault. The plea set out facts supporting a defence of self-defence and defence of others, and thus the interpretation advanced by the plaintiff was not tenable. The court further found that the proposed amendment would not render the plea vague and embarrassing, as any factual allegations not specifically denied would be deemed admitted under Rule 23(3). The defendant was entitled to clarify his position and put the plaintiff to the proof of damages and injury. Accordingly, the application for leave to amend the plea was granted.

Court Disposition

Application for leave to amend the plea granted.

Orders

  • The defendant is granted leave to amend his plea by deleting paragraphs 3.1 and 3.3 and substituting the specified paragraphs denying assault.
  • Costs shall be in the cause.