MEC for Education North West and Another v Engelbrecht and Others (2516/2022) [2024] ZANWHC 208 (13 November 2024)

MEC for Education North West and Another v Engelbrecht and Others (2516/2022) [2024] ZANWHC 208 (13 November 2024)

The court held that the delivery of a notice of bar by the respondents was not an irregular step, as the Uniform Rules do not provide that a Rule 35(14) notice suspends the time for pleading. The Department ought to have applied for an extension of time to plead or to file its application to compel discovery. The...

Source-derived case information.

Citation
[2024] ZANWHC 208
Parties
Applicant: MEC for Education: North West; Applicant: Head: Department of Education North West N.O; Respondent: Stephanus Gerhardus Engelbrecht; Respondent: Rianet Engelbrecht; Respondent: Ronnie Hough; Respondent: Sonja Hough; Respondent: Governing Body: Stella Combined Secondary School
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
13 November 2024
Case Number
2516/2022
Procedural Posture
Civil Application / Application to Declare Notice of Bar Irregular; Interlocutory
Outcome
Application to declare the respondents' notice of bar irregular is dismissed with costs. The Department is granted ten days to plead to the respondents' claim.
Judges
M Z Makoti
Legal Topics
Notice of Bar, Rule 35 Discovery, Rule 30a Irregular Step, Extension of Time, Pleading Periods
Civil Procedure Notice of Bar Rule 35 Discovery Rule 30a Irregular Step Extension of Time Pleading Periods

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Summary, issues, holding and outcome

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Parties

MEC for Education: North West

Applicant

Head: Department of Education North West N.O

Applicant

Stephanus Gerhardus Engelbrecht

Respondent

Rianet Engelbrecht

Respondent

Ronnie Hough

Respondent

Sonja Hough

Respondent

Governing Body: Stella Combined Secondary School

Respondent

Procedural Posture

Civil Application / Application to Declare Notice of Bar Irregular; Interlocutory

Legal Issues

  1. 1 Whether the respondents' filing of a notice of bar while the Department was awaiting discovery constitutes an irregular step.
  2. 2 Whether the Department was non-suited from proceeding with its application to compel discovery due to the notice of bar.
  3. 3 Whether the Department ought to have applied for an extension of time to plead.

Ratio Decidendi

The court held that the delivery of a notice of bar by the respondents was not an irregular step, as the Uniform Rules do not provide that a Rule 35(14) notice suspends the time for pleading. The Department ought to have applied for an extension of time to plead or to file its application to compel discovery. The Department's reliance on Sanniegraan was misplaced, as the weight of authority supports the view that the dies for pleading are not suspended by a Rule 35(14) notice. The application to declare the notice of bar irregular was dismissed, but the Department was granted a further ten days to plead to the respondents' claim.

Court Disposition

Application to declare the respondents' notice of bar irregular is dismissed with costs. The Department is granted ten days to plead to the respondents' claim.

Orders

  • The application to declare irregular the respondents’ Notice of Bar is dismissed with costs.
  • The Department is granted a period of ten (10) days from the date of this order to plead to the claim of the respondents.