Copiso v Minister Correctional Services and Others (5364/2023) [2024] ZAFSHC 214 (18 July 2024)

Copiso v Minister Correctional Services and Others (5364/2023) [2024] ZAFSHC 214 (18 July 2024)

The court found that the defendants' first Rule 30 notice was served outside the prescribed 10-day period and was not accompanied by an application for condonation, making any application based on it not properly before the court. The subsequent notices and amendments were procedurally defective, with the plaintiff failing to comply with Rule 28 in effecting amendments. Both parties contributed to the procedural confusion and delay. Given these circumstances, the application to set aside the particulars of claim as an irregular step was dismissed. The court exercised its discretion not to award costs to either party, as both were at fault in the conduct of the litigation.

Citation
[2024] ZAFSHC 214
Parties
Plaintiff: Vusimusi Moses Copiso; Defendant: The Minister, Correctional Services; Defendant: The National Commissioner, Correctional Services; Defendant: The Regional Commissioner Correctional Services Free State & Northern Cape
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 July 2024
Case Number
5364/2023
Procedural Posture
Interlocutory Application / Order on Application to Set Aside Irregular Step Under Rule 30
Outcome
Application dismissed. No order as to costs.
Judges
Molitsoane
Legal Topics
Irregular Step, Amendment of Pleadings, Rule 30 Application, Rule 28 Amendment, Condonation, Costs Discretion
Civil Procedure Irregular Step Amendment of Pleadings Rule 30 Application Rule 28 Amendment Condonation Costs Discretion

Case Brief

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Parties

Vusimusi Moses Copiso

Plaintiff

The Minister, Correctional Services

Defendant

The National Commissioner, Correctional Services

Defendant

The Regional Commissioner Correctional Services Free State & Northern Cape

Defendant

Procedural Posture

Interlocutory Application / Order on Application to Set Aside Irregular Step Under Rule 30

Legal Issues

  1. 1 Whether the defendants' application to set aside the plaintiff's particulars of claim as an irregular step under Rule 30 was properly brought.
  2. 2 Whether the defendants complied with the time limits and procedural requirements of Rule 30(2)(b).
  3. 3 Whether the plaintiff's amendments to the particulars of claim cured the alleged irregularities.

Ratio Decidendi

The court found that the defendants' first Rule 30 notice was served outside the prescribed 10-day period and was not accompanied by an application for condonation, making any application based on it not properly before the court. The subsequent notices and amendments were procedurally defective, with the plaintiff failing to comply with Rule 28 in effecting amendments. Both parties contributed to the procedural confusion and delay. Given these circumstances, the application to set aside the particulars of claim as an irregular step was dismissed. The court exercised its discretion not to award costs to either party, as both were at fault in the conduct of the litigation.

Court Disposition

Application dismissed. No order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.