Madonsela v Ekurhuleni Metropolitan Municipality (40764/2015) [2022] ZAGPJHC 378 (30 May 2022)

Madonsela v Ekurhuleni Metropolitan Municipality (40764/2015) [2022] ZAGPJHC 378 (30 May 2022)

The court found that the respondent failed to demonstrate prejudice that could not be cured by a costs order. The facts relating to prescription were within the respondent's knowledge, and the respondent's objections regarding unavailable witnesses were speculative and unsupported by evidence of actual attempts to contact them. The applicant's conduct, while subject to criticism, did not amount to mala fides, especially considering her status as a lay litigant. In the interests of justice, the amendment was allowed, subject to the applicant paying the costs of the application.

Citation
[2022] ZAGPJHC 378
Parties
Applicant: Sisi Julia Madonsela; Respondent: Ekurhuleni Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 May 2022
Case Number
40764/2015
Procedural Posture
Leave to Amend / Application for Leave to Amend Defendant's Plea Prior to Trial
Outcome
Leave to amend the defendant's plea by introducing a special plea of prescription is granted. The applicant is to pay the costs of the application.
Judges
FHD Van Oosten
Legal Topics
Amendment of Pleadings, Special Plea of Prescription, Uniform Rule 28, Prejudice, Costs Order
Civil Procedure Amendment of Pleadings Special Plea of Prescription Uniform Rule 28 Prejudice Costs Order

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Parties

Sisi Julia Madonsela

Applicant

Ekurhuleni Metropolitan Municipality

Respondent

Procedural Posture

Leave to Amend / Application for Leave to Amend Defendant's Plea Prior to Trial

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend her plea to introduce a special plea of prescription.
  2. 2 Whether the respondent will suffer prejudice that cannot be cured by a costs order if the amendment is allowed.
  3. 3 Whether the application for amendment was made bona fide.

Ratio Decidendi

The court found that the respondent failed to demonstrate prejudice that could not be cured by a costs order. The facts relating to prescription were within the respondent's knowledge, and the respondent's objections regarding unavailable witnesses were speculative and unsupported by evidence of actual attempts to contact them. The applicant's conduct, while subject to criticism, did not amount to mala fides, especially considering her status as a lay litigant. In the interests of justice, the amendment was allowed, subject to the applicant paying the costs of the application.

Court Disposition

Leave to amend the defendant's plea by introducing a special plea of prescription is granted. The applicant is to pay the costs of the application.

Orders

  • The applicant is granted leave to amend the defendant's plea by introducing a special plea of prescription.
  • The amended pages in respect of the amendment shall be filed and uploaded onto CaseLines within 10 days of the date of this order.