Kajee v Special Investigating Unit and Others (GP22/2021) [2022] ZAST 21 (16 September 2022)

Kajee v Special Investigating Unit and Others (GP22/2021) [2022] ZAST 21 (16 September 2022)

The applicant failed to make out a proper case for compelling the respondents to produce the documents and recordings listed as items 1, 3, and 7 in his Uniform Rule 35(14) notice. The respondents complied with their obligations under Rule 35(14) by providing an affidavit confirming the briefs were not in their possession and by supplying extensive payment bundles and relevant documents. The applicant's request for unspecified documents and bank statements was legally incompetent, as the documents sought were either not in the respondents' possession or irrelevant for the purpose of pleading. The applicant's persistence with the application was found to be frivolous and vexatious,...

Citation
[2022] ZAST 21
Parties
Applicant: Hassan Ebrahim Kajee; Respondent: Special Investigating Unit; Respondent: Minister of Police; Respondent: Minister of Health; Respondent: Minister of Justice and Correctional Services
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
16 September 2022
Case Number
GP22/2021
Procedural Posture
Civil Application / Interlocutory Application to Compel Inspection of Documents Under Uniform Rule 35(14) Prior to Plea in Main Action.
Outcome
Application dismissed. Costs awarded against the applicant on a punitive scale for costs incurred after 26 August 2022.
Judges
L T Modiba
Legal Topics
Discovery of Documents, Uniform Rule 35, Interlocutory Application, Costs Order
Civil Procedure Discovery of Documents Uniform Rule 35 Interlocutory Application Costs Order

Case Brief

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Parties

Hassan Ebrahim Kajee

Applicant

Special Investigating Unit

Respondent

Minister of Police

Respondent

Minister of Health

Respondent

Minister of Justice and Correctional Services

Respondent

Procedural Posture

Civil Application / Interlocutory Application to Compel Inspection of Documents Under Uniform Rule 35(14) Prior to Plea in Main Action.

Legal Issues

  1. 1 Whether the respondents should be compelled to make available for inspection documents and recordings listed as items 1, 3 and 7 in the applicant's Uniform Rule 35(14) notice.
  2. 2 Whether the respondents have complied with their obligations under Uniform Rule 35(14) regarding documents not in their possession.
  3. 3 Whether the applicant's requests for unspecified documents and bank statements are legally competent under Uniform Rule 35(14).

Ratio Decidendi

The applicant failed to make out a proper case for compelling the respondents to produce the documents and recordings listed as items 1, 3, and 7 in his Uniform Rule 35(14) notice. The respondents complied with their obligations under Rule 35(14) by providing an affidavit confirming the briefs were not in their possession and by supplying extensive payment bundles and relevant documents. The applicant's request for unspecified documents and bank statements was legally incompetent, as the documents sought were either not in the respondents' possession or irrelevant for the purpose of pleading. The applicant's persistence with the application was found to be frivolous and vexatious,...

Court Disposition

Application dismissed. Costs awarded against the applicant on a punitive scale for costs incurred after 26 August 2022.

Orders

  • By 23 September 2022, the applicant shall deliver the indexed and paginated papers in this application to the Tribunal Registrar in terms of Tribunal Rule 7(3).
  • The application is dismissed.