JDG Trading (Pty) Ltd v Black Sash Trust and Others (A3086/2019) [2023] ZAGPJHC 1004 (8 September 2023)

JDG Trading (Pty) Ltd v Black Sash Trust and Others (A3086/2019) [2023] ZAGPJHC 1004 (8 September 2023)

The court found that the application to strike out the replying affidavit was misplaced in the context of the pending appeal. The appeal court is best placed to determine the admissibility and propriety of the replying affidavit, especially given the nature of the evidence and submissions arising from the amicus...

Source-derived case information.

Citation
[2023] ZAGPJHC 1004
Parties
Applicant: JDG Trading (Pty) Ltd; Respondent: Black Sash Trust; Respondent: National Credit Regulator; Respondent: National Consumer Tribunal
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 September 2023
Case Number
A3086/2019
Procedural Posture
Interlocutory Application / Application to Strike Out Replying Affidavit Under Rule 30
Outcome
Application dismissed with costs.
Judges
Nyathi
Legal Topics
Amicus Curiae, Replying Affidavit, National Credit Act, Rule 30 Irregular Step
Civil Procedure Commercial and Corporate Amicus Curiae Replying Affidavit National Credit Act Rule 30 Irregular Step

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Summary, issues, holding and outcome

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Parties

JDG Trading (Pty) Ltd

Applicant

Black Sash Trust

Respondent

National Credit Regulator

Respondent

National Consumer Tribunal

Respondent

Procedural Posture

Interlocutory Application / Application to Strike Out Replying Affidavit Under Rule 30

Legal Issues

  1. 1 Whether the delivery of the replying affidavit by the amicus curiae constitutes an irregular step under Rule 30 of the Uniform Rules.
  2. 2 Whether the amicus curiae is entitled to deliver a replying affidavit by operation of law or under the order of Mia J.
  3. 3 Which court is competent to determine the admissibility of the replying affidavit in the context of the pending appeal.

Ratio Decidendi

The court found that the application to strike out the replying affidavit was misplaced in the context of the pending appeal. The appeal court is best placed to determine the admissibility and propriety of the replying affidavit, especially given the nature of the evidence and submissions arising from the amicus curiae's participation. The applicant's attempt to proscribe the submission of relevant evidence by the amicus was not justified, and the respondent should not be constrained from rendering its submissions fully. The application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application to strike out the replying affidavit is dismissed with costs.