Manufacturing, Engineering & Related Services Sector Education & Training Authority v Mhlaba (033076/2022) [2023] ZAGPJHC 1038 (18 September 2023)

Manufacturing, Engineering & Related Services Sector Education & Training Authority v Mhlaba (033076/2022) [2023] ZAGPJHC 1038 (18 September 2023)

The court found that the defendant was properly served with the notice of bar on 5 December 2022 by email and on 6 December 2022 by hand. The defendant failed to deliver his plea or exception within the prescribed five-day period, and his subsequent actions did not constitute compliance. The defendant and his attorneys were repeatedly notified of the bar and its consequences, both directly and through heads of argument and practice notes. The plaintiff was not obliged to pursue the rule 30 application to finality and could seek default judgment. The defendant's argument that the plaintiff's opposition to the exception constituted a further step was rejected. The court held that the...

Citation
[2023] ZAGPJHC 1038
Parties
Plaintiff: Manufacturing, Engineering & Related Services Sector Education & Training Authority; Defendant: Dr Joseph Qhunaphi Mhlaba
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 September 2023
Case Number
033076/2022
Procedural Posture
Civil Procedure / Application for Exception; Determination of Bar Status
Outcome
The defendant is ipso facto barred; the application for exception is struck off the roll with costs.
Judges
Noko
Legal Topics
Notice of Bar, Exception Procedure, Rule 26, Rule 30, Removal of Bar
Civil Procedure Notice of Bar Exception Procedure Rule 26 Rule 30 Removal of Bar

Case Brief

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Parties

Manufacturing, Engineering & Related Services Sector Education & Training Authority

Plaintiff

Dr Joseph Qhunaphi Mhlaba

Defendant

Procedural Posture

Civil Procedure / Application for Exception; Determination of Bar Status

Legal Issues

  1. 1 Whether the defendant is ipso facto barred from further participation in the proceedings.
  2. 2 Whether the abandonment of the rule 30 notice has the effect of uplifting the bar.
  3. 3 Whether the defendant has demonstrated that the particulars of claim are excipiable.

Ratio Decidendi

The court found that the defendant was properly served with the notice of bar on 5 December 2022 by email and on 6 December 2022 by hand. The defendant failed to deliver his plea or exception within the prescribed five-day period, and his subsequent actions did not constitute compliance. The defendant and his attorneys were repeatedly notified of the bar and its consequences, both directly and through heads of argument and practice notes. The plaintiff was not obliged to pursue the rule 30 application to finality and could seek default judgment. The defendant's argument that the plaintiff's opposition to the exception constituted a further step was rejected. The court held that the...

Court Disposition

The defendant is ipso facto barred; the application for exception is struck off the roll with costs.

Orders

  • The defendant being ipso facto barred, the application for exception is struck off the roll with costs.