Maundu and Others v Minister of Police (63331/2020) [2021] ZAGPPHC 772 (10 November 2021)

Maundu and Others v Minister of Police (63331/2020) [2021] ZAGPPHC 772 (10 November 2021)

The court found that while the applicants identified a class and a common claim, they failed to establish a legally tenable cause of action due to the unexplained 27-year delay in bringing the application. The delay rendered the claim prima facie prescribed, making it legally hopeless. Certification of a class action was deemed inappropriate and not in the interests of justice, as evidence would be difficult to obtain and litigation would be protracted. The applicants' right to proceed individually was not affected, but the application for class action certification was dismissed.

Citation
[2021] ZAGPPHC 772
Parties
Applicant: Lucky Maundu; Applicant: Erasmus David; Applicant: Manfred Hausiku Haiyamba; Applicant: Sakaria I Kaikamas; Respondent: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 November 2021
Case Number
63331/2020
Procedural Posture
Civil Application / Application for Class Action Certification
Outcome
Application for class action certification dismissed.
Judges
R G Tolmay
Legal Topics
Class Action Certification, Prescription, Access to Courts, Bill of Rights Limitation
Civil Procedure Constitutional Law Class Action Certification Prescription Access to Courts Bill of Rights Limitation

Case Brief

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Parties

Lucky Maundu

Applicant

Erasmus David

Applicant

Manfred Hausiku Haiyamba

Applicant

Sakaria I Kaikamas

Applicant

Minister of Police

Respondent

Procedural Posture

Civil Application / Application for Class Action Certification

Legal Issues

  1. 1 Whether it is appropriate to certify a class action for former Koevoet Members against the Minister of Police.
  2. 2 Whether the applicants have established a legally tenable cause of action.
  3. 3 Whether the delay in bringing the application renders the claim prescribed and legally hopeless.

Ratio Decidendi

The court found that while the applicants identified a class and a common claim, they failed to establish a legally tenable cause of action due to the unexplained 27-year delay in bringing the application. The delay rendered the claim prima facie prescribed, making it legally hopeless. Certification of a class action was deemed inappropriate and not in the interests of justice, as evidence would be difficult to obtain and litigation would be protracted. The applicants' right to proceed individually was not affected, but the application for class action certification was dismissed.

Court Disposition

Application for class action certification dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.