Rail commuters Action Group and Others v Transnet Ltd t/a Metrorail and Others (8232/2005) [2006] ZAWCHC 69; [2007] 1 All SA 279 (C); 2006 (6) SA 68 (C) (25 July 2006)

Rail commuters Action Group and Others v Transnet Ltd t/a Metrorail and Others (8232/2005) [2006] ZAWCHC 69; [2007] 1 All SA 279 (C); 2006 (6) SA 68 (C) (25 July 2006)

The court held that the special plea of res judicata must fail because the Constitutional Court's judgment did not finally or definitively dispose of the issues now raised in Part A of the plaintiffs' particulars of claim. The declaratory relief granted was broad and non-specific, leaving the content of the defendants' obligations to be determined by the trial court. Furthermore, the parties to the present action are not identical to those in the previous proceedings, and there is insufficient privity to sustain the plea. The application to strike out was refused as the historical and factual allegations pleaded by the plaintiffs are relevant to the issues and may become material at...

Citation
[2006] ZAWCHC 69
Parties
Plaintiff: Rail Commuters Action Group; Plaintiff: Congress of South African Trade Unions; Plaintiff: Forty-nine Others; Defendant: Transnet Ltd t/a Metrorail; Defendant: South African Rail Commuter Corporation Limited; Defendant: Minister of Transport; Defendant: Rail Regulator
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
25 July 2006
Case Number
8232/2005
Procedural Posture
Civil Application / Trial Court Judgment on Special Pleas and Interlocutory Applications
Outcome
The special plea of res judicata is dismissed. The application to strike out is refused. The application for separation of trials is refused. The application for consolidation of actions is granted.
Judges
Thring, Allie
Legal Topics
Res Judicata, Class Action, Mandamus, Constitutional Obligations, Joinder and Consolidation, Strike Out Application
Civil Procedure Constitutional Law Land and Property Res Judicata Class Action Mandamus Constitutional Obligations Joinder and Consolidation +1 more

Case Brief

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Parties

Rail Commuters Action Group

Plaintiff

Congress of South African Trade Unions

Plaintiff

Forty-nine Others

Plaintiff

Transnet Ltd t/a Metrorail

Defendant

South African Rail Commuter Corporation Limited

Defendant

Minister of Transport

Defendant

Rail Regulator

Defendant

Procedural Posture

Civil Application / Trial Court Judgment on Special Pleas and Interlocutory Applications

Legal Issues

  1. 1 Whether the special plea of res judicata by the first and second defendants should succeed in respect of Part A relief claimed by the plaintiffs.
  2. 2 Whether the application to strike out portions of the plaintiffs' particulars of claim as irrelevant should be granted.
  3. 3 Whether the application for separation of trials for individual damages claims should be granted.

Ratio Decidendi

The court held that the special plea of res judicata must fail because the Constitutional Court's judgment did not finally or definitively dispose of the issues now raised in Part A of the plaintiffs' particulars of claim. The declaratory relief granted was broad and non-specific, leaving the content of the defendants' obligations to be determined by the trial court. Furthermore, the parties to the present action are not identical to those in the previous proceedings, and there is insufficient privity to sustain the plea. The application to strike out was refused as the historical and factual allegations pleaded by the plaintiffs are relevant to the issues and may become material at...

Court Disposition

The special plea of res judicata is dismissed. The application to strike out is refused. The application for separation of trials is refused. The application for consolidation of actions is granted.

Orders

  • The first and second defendants' special plea is dismissed, with costs.
  • The first and second defendants' application to strike out is refused, with costs.