Dlamini v Minister of Police (2018-20883) [2024] ZAGPJHC 501 (21 May 2024)
- Citation
- [2024] ZAGPJHC 501
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 2018-20883
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 2018-20883
On this page
Professional case brief
Research organized from the available case record
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 SibaraThe Minister of Police
Defendant Counsel: Adv Raesetja Eva Magongwa03
Procedural history
Posture
Civil Trial / Pre Trial Postponement
04
Questions and positions
Legal issues
- 01
Whether the matter is ready to proceed to trial.
- 02
Whether the defendant should be permitted to amend the special plea and possibly the main plea.
- 03
Whether the pending criminal trial affects the readiness of this case.
- 04
Whether costs should be apportioned at this stage.
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
South Gauteng High Court, Johannesburg
Judgment
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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