South Africa Judgment

North Gauteng High Court, Pretoria

Praescripto (Pty) Ltd v Van der Merwe Du Toit Inc and Others (66839/12) [2017] ZAGPPHC 400 (21 June 2017)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the original judgment delivered on 7 October 2015 contained a typographical error in the citation of parties, listing three individuals who were not involved in the litigation. The error was purely clerical and did not affect the substance of the judgment or the orders granted. The court exercised its discretion to correct the citation, removing the incorrect names and confirming that the remainder of the judgment and the order remain unchanged. The correction ensures the record accurately reflects the parties to the proceedings without altering the legal effect of the judgment.

Court disposition

The judgment is corrected to remove the names of lmatu, Suzanne Terry, and Elizna Rochelle von Mollendorf from the citation; the remainder of the judgment and the order remain unchanged.

Orders

  • The names of lmatu, Suzanne Terry, and Elizna Rochelle von Mollendorf are removed from the judgment.
  • The remainder of the judgment and the order delivered on 7 October 2015 remain unchanged.

02

Material facts

Parties

Praescripto (Pty) Ltd

Applicant Counsel: JA Venter

Van der Merwe Du Toit Inc

Respondent Counsel: AM Heystek

Jan Lodewikus Pretorius N.O.

Respondent

Elizabeth Wilanda Prinsloo N.O.

Respondent

The Master of the North Gauteng High Court

Respondent

The South African Revenue Services

Respondent

The Companies and Intellectual Property Commission

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Corrigendum on Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant did not raise any objection to the correction of the party citation error and accepted the judgment as delivered, provided the correct parties are reflected.
Respondent
The first respondent's attorneys notified the court of a typing error in the citation, specifically the inclusion of three individuals who were not parties to the litigation, and requested correction to accurately reflect the parties.

05

Court’s reasoning

  1. 01

    Uniform Rules of Court, Rule 42

    A court may correct clerical or typographical errors in its judgment to ensure the record accurately reflects the parties and proceedings, provided such correction does not alter the substance or operative order.

  2. 02

    S v Wells 1990 (1) SA 816 (A)

    Corrections to party citations do not affect the validity of the judgment or the orders made if the substance remains unchanged.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the original judgment delivered on 7 October 2015 contained a typographical error in the citation of parties, listing three individuals who were not involved in the litigation. The error was purely clerical and did not affect the substance of the judgment or the orders granted. The court exercised its discretion to correct the citation, removing the incorrect names and confirming that the remainder of the judgment and the order remain unchanged. The correction ensures the record accurately reflects the parties to the proceedings without altering the legal effect of the judgment.

Obiter and limits

  • The correction of clerical errors in judgments is a routine judicial function and does not require a rehearing of the matter.
  • Accurate citation of parties is essential for the integrity of court records and the administration of justice.

Court disposition

The judgment is corrected to remove the names of lmatu, Suzanne Terry, and Elizna Rochelle von Mollendorf from the citation; the remainder of the judgment and the order remain unchanged.

  • The names of lmatu, Suzanne Terry, and Elizna Rochelle von Mollendorf are removed from the judgment.
  • The remainder of the judgment and the order delivered on 7 October 2015 remain unchanged.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2017] ZAGPPHC 400

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

21/6/2017

Not reportable

Not of interest to other judges

Revised.

CASE NUMBER: 66839/12

PRAESCRIPTO (PTY)

LTD APPLICANT

and

VAN

DER MERWE DU TOIT

INC FIRST

RESPONDENT

JAN

LODEWIKUS PRETORIUS N.O. SECOND

RESPONDENT

ELIZABETH WILANDA PRINSLOO N.O. THIRD

RESPONDENT

THE

MASTER OF THE

NORTH

GAUTENG HIGH

COURT FOURTH

RESPONDENT

THE

SOUTH AFRICAN REVENUE SERVICES FIFTH

RESPONDENT

THE

COMPANIES AND INTELLECTUAL

PROPERTY

COMMISSION SIXTH

RESPONDENT

CORRIGENDUM

ON JUDGMENT

(APPLICATION FOR LEAVE TO APPEAL)

STRYDOM AJ:

1. On 7 October 2015 I delivered a judgment in the above matter. The content of the judgment and the order granted therein is correct.

2. The attorneys of the First Respondent brought it to my attention that a typing error was made in respect of the citation of the matter therein that page one of the judgement incorrectly includes three parties, which were not at all a party to the litigation; being: lmatu, Suzanne Terry and Elizna Rochelle von Mollendorf, cited respectively as the First, Second and Third Respondents.

3. The typing error is hereby corrected and the names of the aforesaid persons are removed from the judgment, the correct parties being reflected in the heading hereof.

4. The remainder of the judgment which I delivered and the order which I made remains unchanged.

______

J. S. STRYDOM

ACTING

JUDGE OF THE HIGH COURT

Appearances:

Counsel for the Applicant: Adv. JA Venter

Instructed by: EW Serfontein & Associates Inc

Counsel for the respondents: Adv. AM Heystek

Instructed by: Van der Merwe du Toit Inc

Date Heard: 15 September 2015

Date of Judgement in respect of Leave to Appeal: 7 October 2015

Date of Judgment: 30 November 2016

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

S v Wells 1990 (1) SA 816 (A)

Case cited

Uniform Rules of Court, Rule 42

Legislation

Legislation referenced in the available case record.

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