Maseko and Another v Minister of Police (62925/2014) [2018] ZAGPPHC 707 (16 March 2018)

Maseko and Another v Minister of Police (62925/2014) [2018] ZAGPPHC 707 (16 March 2018)

The court found that although the delay in filing the defendant's plea was lengthy and not fully explained by affidavits from the previous attorneys, the defendant had acted bona fide and sought to address the real merits of the matter. The plaintiffs had not pursued the claim with urgency, and there was no evidence of prejudice caused by the delay. The interests of justice required that all issues be ventilated fully, especially given the quantum claimed and the public interest in claims for unlawful arrest. The court exercised its discretion to grant condonation for the late filing of the plea, lifted the bar, ordered the defendant to file its plea within 15 days, and postponed the...

Citation
[2018] ZAGPPHC 707
Parties
Plaintiff: Vuyani Boldwin Maseko; Plaintiff: Khanyi Mokgosi O.B.O Zangi Mokgosi; Defendant: The Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 March 2018
Case Number
62925/2014
Procedural Posture
Civil Procedure / Application for Condonation and Default Judgment
Outcome
Condonation for the late filing of the defendant's plea is granted; the bar is lifted; the defendant must file its plea within 15 days; costs of the application are awarded against the plaintiffs; the application for default judgment is postponed sine die.
Judges
MIA
Legal Topics
Condonation of Late Plea, Unlawful Arrest and Detention, Default Judgment, Lifting of Bar
Civil Procedure Delict Condonation of Late Plea Unlawful Arrest and Detention Default Judgment Lifting of Bar

Case Brief

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Parties

Vuyani Boldwin Maseko

Plaintiff

Khanyi Mokgosi O.B.O Zangi Mokgosi

Plaintiff

The Minister of Police

Defendant

Procedural Posture

Civil Procedure / Application for Condonation and Default Judgment

Legal Issues

  1. 1 Whether the defendant has shown good cause for condonation of the late filing of its plea.
  2. 2 Whether the bar preventing the defendant from filing a plea should be lifted.
  3. 3 Whether the application for default judgment should be postponed pending the filing of the defendant's plea.

Ratio Decidendi

The court found that although the delay in filing the defendant's plea was lengthy and not fully explained by affidavits from the previous attorneys, the defendant had acted bona fide and sought to address the real merits of the matter. The plaintiffs had not pursued the claim with urgency, and there was no evidence of prejudice caused by the delay. The interests of justice required that all issues be ventilated fully, especially given the quantum claimed and the public interest in claims for unlawful arrest. The court exercised its discretion to grant condonation for the late filing of the plea, lifted the bar, ordered the defendant to file its plea within 15 days, and postponed the...

Court Disposition

Condonation for the late filing of the defendant's plea is granted; the bar is lifted; the defendant must file its plea within 15 days; costs of the application are awarded against the plaintiffs; the application for default judgment is postponed sine die.

Orders

  • The late filing of the defendant's plea to the plaintiff's particulars of claim is condoned.
  • The barring of the defendant's filing of a plea to the plaintiff's particulars of claim is removed.