Mamburu v Jacobs and Another (2853/2022) [2024] ZANWHC 299 (9 December 2024)

Mamburu v Jacobs and Another (2853/2022) [2024] ZANWHC 299 (9 December 2024)

The court found that the prescription period for defamation is three years under section 11(d) of the Prescription Act, and the plaintiff's summons was served just under three years after the alleged defamatory statements were made, thus the claim had not prescribed. However, the court upheld the special plea of lis alibi pendens, as the same dispute regarding the alleged defamatory statements is pending before the Equality Court, and it would be inappropriate for this court to adjudicate the matter before the Equality Court proceedings are finalised. The special plea regarding notice of intention was dismissed as the defendants are not organs of state and no statutory requirement exists....

Citation
[2024] ZANWHC 299
Parties
Plaintiff: Thizwilondi Justice Mamburu; Defendant: Neville Leslie Jacobs; Defendant: Ravana Sewsunker Jacobs
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
9 December 2024
Case Number
2853/2022
Procedural Posture
Civil Trial / Special Pleas Adjudication Before Trial
Outcome
The special plea of lis alibi pendens is upheld; the plaintiff's claim is stayed pending finalisation of the Equality Court matter. The first, third, and fourth special pleas are dismissed. Costs are awarded as specified.
Judges
O.Y Dibetso-Bodibe
Legal Topics
Defamation, Prescription Act, Lis Alibi Pendens, Joinder, Notice of Intention
Delict Defamation Prescription Act Lis Alibi Pendens Joinder Notice of Intention

Case Brief

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Parties

Thizwilondi Justice Mamburu

Plaintiff

Neville Leslie Jacobs

Defendant

Ravana Sewsunker Jacobs

Defendant

Procedural Posture

Civil Trial / Special Pleas Adjudication Before Trial

Legal Issues

  1. 1 Whether the plaintiff's claim for defamation has prescribed under the Prescription Act.
  2. 2 Whether the doctrine of lis alibi pendens applies due to pending Equality Court proceedings.
  3. 3 Whether the plaintiff was required to serve a notice of intention to institute legal proceedings.

Ratio Decidendi

The court found that the prescription period for defamation is three years under section 11(d) of the Prescription Act, and the plaintiff's summons was served just under three years after the alleged defamatory statements were made, thus the claim had not prescribed. However, the court upheld the special plea of lis alibi pendens, as the same dispute regarding the alleged defamatory statements is pending before the Equality Court, and it would be inappropriate for this court to adjudicate the matter before the Equality Court proceedings are finalised. The special plea regarding notice of intention was dismissed as the defendants are not organs of state and no statutory requirement exists....

Court Disposition

The special plea of lis alibi pendens is upheld; the plaintiff's claim is stayed pending finalisation of the Equality Court matter. The first, third, and fourth special pleas are dismissed. Costs are awarded as specified.

Orders

  • The second special plea of lis alibi pendens is upheld.
  • The first, third, and fourth special pleas are dismissed.