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South Africa Judgment

South Gauteng High Court, Johannesburg

Dlamini v Minister of Police (2018-20883) [2024] ZAGPJHC 501 (21 May 2024)

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Source document

01

Holding and result

The court found that the matter was not ready to proceed due to the need for the defendant to amend the special plea and possibly the main plea, and the existence of a closely related pending criminal trial. The plaintiff had not taken steps to challenge the plea or raise the issue of the special plea. By agreement between the parties, the matter was postponed sine die, with costs reserved due to the complexity and mutual finger-pointing regarding responsibility for the lack of readiness.

Court disposition

Matter postponed sine die, costs reserved.

Orders

  • The matter is postponed sine die.
  • Costs are reserved.

02

Material facts

Parties

Thando William Dlamini

Plaintiff Counsel: Adv R S Sibara

The Minister of Police

Defendant Counsel: Adv Raesetja Eva Magongwa

03

Procedural history

  1. Posture

    Civil Trial / Pre Trial Postponement

04

Questions and positions

Legal issues

Party arguments

Applicant
The plaintiff did not take steps to except to the plea or raise the issue of the special plea with the defendant. The plaintiff agreed to the postponement of the matter sine die.
Respondent
The defendant indicated the need to amend the special plea and possibly the main plea, citing the existence of a closely related pending criminal trial. The defendant agreed to the postponement and reserved costs.

05

Court’s reasoning

  1. 01

    General principles of civil procedure

    A matter should not proceed to trial if it is not ready, especially where amendments to pleadings are contemplated and related criminal proceedings are pending.

  2. 02

    General principles of costs in civil litigation

    Where both parties agree to a postponement and there are unresolved issues regarding readiness, costs may be reserved for later determination.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the matter was not ready to proceed due to the need for the defendant to amend the special plea and possibly the main plea, and the existence of a closely related pending criminal trial. The plaintiff had not taken steps to challenge the plea or raise the issue of the special plea. By agreement between the parties, the matter was postponed sine die, with costs reserved due to the complexity and mutual finger-pointing regarding responsibility for the lack of readiness.

Obiter and limits

  • It would be unwise to attempt now to apportion blame for the lack of readiness, given the variables and mutual accusations.

Court disposition

Matter postponed sine die, costs reserved.

  • The matter is postponed sine die.
  • Costs are reserved.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Judgment

[2024] ZAGPJHC 501

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

Case NO: 2019-20883

1. REPORTABLE: No

2. OF INTEREST TO OTHER JUDGES: No

3.

REVISED

21 May 2024

In the matter between:

THANDO

WILLIAM

DLAMINI

Plaintiff

and

THE

MINISTER OF

POLICE

Defendant

JUDGMENT

WRIGHT J

[1] The matter is not ready to proceed.

[2] The defendant needs to amend the special plea and may want to amend the main plea.

[3] There is a partly heard criminal trial pending which is very closely related to the present case.

[4] The plaintiff never took any steps to except to the plea or raise with the defendant the question of the special plea.

[5] In the circumstances, by agreement, the matter is to be postponed sine die.

[6] On the question of costs, there are too many variables and fingers are pointed in both directions.

[7] It would be unwise to attempt now to apportion blame for the lack of readiness.

Order

[1] Sine die, costs reserved.

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

HEARD: 21 May 2024

DELIVERED: 21 May 2024

APPEARANCES :

Plaintiff Adv R S Sibara

082 511 6219

advocatesibara@rsabar.com

Adv K H Mpshe

071 367 5567

Adv.khmpshe@gmail.com

Instructed by B H Taula & R Rikhotso

admin@bhtaulaattorneys.co.za

011 760 6674

083 978 6956

Defendant Adv Raesetja Eva Magongwa

Instructed by State Attorney

RPooe@justice.gov.za

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