Papier and Others v Minister of Safety and Security and Others (C552/2001) [2003] ZALC 112; [2003] 12 BLLR 1268 (LC) (17 October 2003)

Papier and Others v Minister of Safety and Security and Others (C552/2001) [2003] ZALC 112; [2003] 12 BLLR 1268 (LC) (17 October 2003)

The respondents failed to provide any explanation, either by affidavit or otherwise, regarding the circumstances under which the admissions were made or the reasons for seeking to withdraw them. The affidavits submitted only explained the delay in bringing the amendment, not the substance of the withdrawal. The applicants had notified the respondents of this defect, but the respondents did not address it. In the absence of a satisfactory explanation, the court cannot exercise its discretion to allow the amendment. The application to amend is therefore dismissed, and costs follow the result.

Citation
[2003] ZALC 112
Parties
Applicant: SMM Papier and Eight Others; Respondent: Minister of Safety and Security; Respondent: National Commissioner South African Police Services; Respondent: Provincial Commissioner South African Police Services (Western Cape)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
17 October 2003
Case Number
C552/2001
Procedural Posture
Civil Application / Application to Amend Response to Statement of Claim
Outcome
Application to amend dismissed with costs.
Judges
Francis
Legal Topics
Withdrawal of Admission, Amendment of Pleadings, Prescription Act, Public Service Act
Labour Law Civil Procedure Withdrawal of Admission Amendment of Pleadings Prescription Act Public Service Act

Case Brief

Summary, issues, holding and outcome

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Parties

SMM Papier and Eight Others

Applicant

Minister of Safety and Security

Respondent

National Commissioner South African Police Services

Respondent

Provincial Commissioner South African Police Services (Western Cape)

Respondent

Procedural Posture

Civil Application / Application to Amend Response to Statement of Claim

Legal Issues

  1. 1 Whether the respondents provided a satisfactory explanation for the circumstances under which the admission was made and the reason for seeking to withdraw it.
  2. 2 Whether the amendment to withdraw the admission should be granted in the absence of such explanation.
  3. 3 Whether the applicants would be prejudiced by the withdrawal of the admission.

Ratio Decidendi

The respondents failed to provide any explanation, either by affidavit or otherwise, regarding the circumstances under which the admissions were made or the reasons for seeking to withdraw them. The affidavits submitted only explained the delay in bringing the amendment, not the substance of the withdrawal. The applicants had notified the respondents of this defect, but the respondents did not address it. In the absence of a satisfactory explanation, the court cannot exercise its discretion to allow the amendment. The application to amend is therefore dismissed, and costs follow the result.

Court Disposition

Application to amend dismissed with costs.

Orders

  • The application to amend is dismissed with costs.