Department of Justice and Constitutional Development v Lebese and Others (41013/12) [2013] ZAGPPHC 519 (2 October 2013)

Department of Justice and Constitutional Development v Lebese and Others (41013/12) [2013] ZAGPPHC 519 (2 October 2013)

The court held that the plaintiff's particulars of claim, when read as a whole, sufficiently pleaded the material terms of the employment contracts and the breaches relied upon for each defendant. It was not necessary at the pleading stage to set out the reasons for negligence or recklessness, as these are matters for evidence at trial. The link between the defendants' actions and the damages suffered was adequately pleaded, and legal causation is a matter to be determined at trial, not by way of exception. The exception was therefore dismissed, and the plaintiff's claim was allowed to proceed.

Citation
[2013] ZAGPPHC 519
Parties
Plaintiff: Department of Justice and Constitutional Development; Defendant: Morris Wapster Lebese; Defendant: C E van Rheede-van Oudtshoorn; Defendant: Elsabe Snyman; Defendant: Hester Sussana Bezuidenhout; Defendant: Felicai Gerber; Defendant: Abedningo Richard Vukeya; Defendant: Thomas Thembi Masindi
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 October 2013
Case Number
41013/12
Procedural Posture
Civil Procedure / Exception to Particulars of Claim Under Rule 23
Outcome
Exception dismissed with costs.
Judges
Tlhapi V.V
Legal Topics
Breach of Employment Contract, Fraudulent Payments, Pleading Requirements, Legal Causation, Exception Procedure
Civil Procedure Commercial and Corporate Breach of Employment Contract Fraudulent Payments Pleading Requirements Legal Causation Exception Procedure

Case Brief

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Parties

Department of Justice and Constitutional Development

Plaintiff

Morris Wapster Lebese

Defendant

C E van Rheede-van Oudtshoorn

Defendant

Elsabe Snyman

Defendant

Hester Sussana Bezuidenhout

Defendant

Felicai Gerber

Defendant

Abedningo Richard Vukeya

Defendant

Thomas Thembi Masindi

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim Under Rule 23

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose a cause of action against any or all of the defendants.
  2. 2 Whether the plaintiff sufficiently pleaded breach of contract and causation for damages.
  3. 3 Whether the plaintiff's claim is ex contractu or delictual in nature.

Ratio Decidendi

The court held that the plaintiff's particulars of claim, when read as a whole, sufficiently pleaded the material terms of the employment contracts and the breaches relied upon for each defendant. It was not necessary at the pleading stage to set out the reasons for negligence or recklessness, as these are matters for evidence at trial. The link between the defendants' actions and the damages suffered was adequately pleaded, and legal causation is a matter to be determined at trial, not by way of exception. The exception was therefore dismissed, and the plaintiff's claim was allowed to proceed.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.