Special Investigating Unit and Another v Zulu and Others (GP/04/2022) [2023] ZAST 15 (13 November 2023)

Special Investigating Unit and Another v Zulu and Others (GP/04/2022) [2023] ZAST 15 (13 November 2023)

The Tribunal found that the plaintiffs had pleaded sufficient facts to enable the defendants to respond, including Zulu's duties, the schedule of payments, and the nature of the alleged secret profits. The Tribunal held that it was not necessary for the plaintiffs to plead the specific role Zulu played in the awarding of contracts, as such matters are for evidence at trial. The claims against Commodity Logistics and Siba, while not elegantly worded, were found to be sufficiently linked to the alleged corrupt relationship and payments. The Tribunal concluded that the exceptions would not dispose of the matter in whole or in part, and that the alleged missing averments are matters for trial...

Citation
[2023] ZAST 15
Parties
Plaintiff: Special Investigating Unit; Plaintiff: Eskom Holdings SOC Ltd; Defendant: Thulani Zulu; Defendant: Commodity Logistics Managers Africa (Pty) Ltd; Defendant: Siba Grand Business Enterprises (Pty) Ltd
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
13 November 2023
Case Number
GP/04/2022
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exceptions dismissed with costs.
Judges
S Naidoo
Legal Topics
Exception Procedure, Pleading Requirements, Joint and Several Liability, Breach of Fiduciary Duty, Secret Profits, Debate of Account
Civil Procedure Commercial and Corporate Exception Procedure Pleading Requirements Joint and Several Liability Breach of Fiduciary Duty Secret Profits Debate of Account

Case Brief

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Parties

Special Investigating Unit

Plaintiff

Eskom Holdings SOC Ltd

Plaintiff

Thulani Zulu

Defendant

Commodity Logistics Managers Africa (Pty) Ltd

Defendant

Siba Grand Business Enterprises (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the Particulars of Claim disclose a cause of action against the defendants.
  2. 2 Whether the pleadings contain sufficient averments to sustain the claims for secret profits and debatement of account.
  3. 3 Whether joint and several liability is properly pleaded against all defendants.

Ratio Decidendi

The Tribunal found that the plaintiffs had pleaded sufficient facts to enable the defendants to respond, including Zulu's duties, the schedule of payments, and the nature of the alleged secret profits. The Tribunal held that it was not necessary for the plaintiffs to plead the specific role Zulu played in the awarding of contracts, as such matters are for evidence at trial. The claims against Commodity Logistics and Siba, while not elegantly worded, were found to be sufficiently linked to the alleged corrupt relationship and payments. The Tribunal concluded that the exceptions would not dispose of the matter in whole or in part, and that the alleged missing averments are matters for trial...

Court Disposition

Exceptions dismissed with costs.

Orders

  • The exception raised by the first defendant is dismissed with costs.
  • The exception raised by the second and third defendants is dismissed with costs.