Premier of the Eastern Cape and Another v Dlava and Others (107/99) [2013] ZAECMHC 12; [2013] 4 All SA 182 (ECM) (8 August 2013)

Premier of the Eastern Cape and Another v Dlava and Others (107/99) [2013] ZAECMHC 12; [2013] 4 All SA 182 (ECM) (8 August 2013)

The court found that the continuation of the plaintiffs' actions, after the comprehensive judgment in the Twani test case and repeated failed attempts to amend pleadings, constitutes an abuse of process and is vexatious. The evidence established that a compromise agreement was reached to treat the Twani matter as determinative of all similar claims, and the plaintiffs' subsequent conduct in ignoring costs orders and pursuing hopeless litigation further justified a permanent stay. The court held that exceptional circumstances exist, including the inability of the plaintiffs to plead a sustainable case after thirteen years, the multiplicity of interlocutory applications, and the prejudice...

Citation
[2013] ZAECMHC 12
Parties
Applicant: Premier of the Eastern Cape; Applicant: Member of the Executive Council for Rural Development and Agrarian Reform, Eastern Cape; Respondent: Z. K. Dlava; Respondent: Those Respondents cited in annexure NoM 1
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
8 August 2013
Case Number
107/99
Procedural Posture
Stay Application / Application for Permanent Stay of Proceedings
Outcome
Application granted. The actions instituted by the respondents are permanently stayed.
Judges
Griffiths
Legal Topics
Abuse of Process, Permanent Stay of Proceedings, Res Judicata, Vexatious Litigation, Costs Orders, Compromise Agreement
Civil Procedure Abuse of Process Permanent Stay of Proceedings Res Judicata Vexatious Litigation Costs Orders Compromise Agreement

Case Brief

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Parties

Premier of the Eastern Cape

Applicant

Member of the Executive Council for Rural Development and Agrarian Reform, Eastern Cape

Applicant

Z. K. Dlava

Respondent

Those Respondents cited in annexure NoM 1

Respondent

Procedural Posture

Stay Application / Application for Permanent Stay of Proceedings

Legal Issues

  1. 1 Whether the continuation of the plaintiffs' actions constitutes an abuse of the process of court.
  2. 2 Whether a compromise agreement was reached between the parties that binds the remaining plaintiffs.
  3. 3 Whether the actions should be permanently stayed due to vexatious litigation and repeated unsuccessful claims.

Ratio Decidendi

The court found that the continuation of the plaintiffs' actions, after the comprehensive judgment in the Twani test case and repeated failed attempts to amend pleadings, constitutes an abuse of process and is vexatious. The evidence established that a compromise agreement was reached to treat the Twani matter as determinative of all similar claims, and the plaintiffs' subsequent conduct in ignoring costs orders and pursuing hopeless litigation further justified a permanent stay. The court held that exceptional circumstances exist, including the inability of the plaintiffs to plead a sustainable case after thirteen years, the multiplicity of interlocutory applications, and the prejudice...

Court Disposition

Application granted. The actions instituted by the respondents are permanently stayed.

Orders

  • The actions instituted by the first respondent and those respondents cited in annexure NoM 1 as plaintiffs against the Premier for the Province of the Eastern Cape and the Member of the Executive Council for Agriculture and Land Affairs, Eastern Cape, as defendants, under case number 107/99 and those case numbers...
  • The respondents are to pay the costs of this application jointly and severally, including the costs of two counsel.