Lekabe v Special Investigating Unit (SIU) and Others (GP09/2019) [2025] ZAST 4 (17 February 2025)

Lekabe v Special Investigating Unit (SIU) and Others (GP09/2019) [2025] ZAST 4 (17 February 2025)

The Tribunal held that the amendment procedure cannot be used to join third parties to proceedings, as this would circumvent the established Uniform Rules of Court regarding joinder and third party notices. The interests of justice and convenience do not justify departure from these procedural requirements. The applicant retains the ability to issue third party notices or pursue other wrongdoers before the close of pleadings, as provided by the Apportionment of Damages Act. The non-joinder and misjoinder defences raised by the applicant are impermissible via amendment, and the Minister of Health is properly joined as a plaintiff due to the consolidation of actions. The application for...

Citation
[2025] ZAST 4
Parties
Applicant: Kgosisephuthabatho Gustav Lekabe; Respondent: Special Investigating Unit (SIU); Respondent: Minister of Police; Respondent: Minister of Justice and Correctional Services; Respondent: Minister of Health
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
17 February 2025
Case Number
GP09/2019
Procedural Posture
Interlocutory Application / Application for Amendment of Special Pleas
Outcome
Application for amendment dismissed with costs.
Judges
M Victor
Legal Topics
Joinder of Parties, Amendment of Pleadings, Misjoinder, Uniform Rules of Court, Apportionment of Damages Act, Interests of Justice
Civil Procedure Joinder of Parties Amendment of Pleadings Misjoinder Uniform Rules of Court Apportionment of Damages Act Interests of Justice

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Parties

Kgosisephuthabatho Gustav Lekabe

Applicant

Special Investigating Unit (SIU)

Respondent

Minister of Police

Respondent

Minister of Justice and Correctional Services

Respondent

Minister of Health

Respondent

Procedural Posture

Interlocutory Application / Application for Amendment of Special Pleas

Legal Issues

  1. 1 Whether the applicant may amend his special pleas to introduce non-joinder and misjoinder defences by joining additional parties via amendment.
  2. 2 Whether the amendment procedure may be used to join third parties to the proceedings, circumventing the established joinder and third party notice rules.
  3. 3 Whether the Minister of Health is correctly joined as a party to the proceedings.

Ratio Decidendi

The Tribunal held that the amendment procedure cannot be used to join third parties to proceedings, as this would circumvent the established Uniform Rules of Court regarding joinder and third party notices. The interests of justice and convenience do not justify departure from these procedural requirements. The applicant retains the ability to issue third party notices or pursue other wrongdoers before the close of pleadings, as provided by the Apportionment of Damages Act. The non-joinder and misjoinder defences raised by the applicant are impermissible via amendment, and the Minister of Health is properly joined as a plaintiff due to the consolidation of actions. The application for...

Court Disposition

Application for amendment dismissed with costs.

Orders

  • The application is dismissed with costs, including the cost of one senior counsel only.