Special Investigating Unit and Others v Lekabe (GP/09/19) [2022] ZAST 13 (9 June 2022)

Special Investigating Unit and Others v Lekabe (GP/09/19) [2022] ZAST 13 (9 June 2022)

The Tribunal found that none of the eight special pleas raised by the defendant could be conveniently separated from the main trial, as each required evidence to be led and was intertwined with the merits of the case. The pleas regarding prescription, locus standi, administrative action, and misjoinder all depended on disputed facts that could only be resolved at trial. The defendant's arguments on administrative action were misplaced, as his conduct did not fall within the definition under PAJA. The SIU's authority to act was clearly established by statute and proclamations. The Tribunal exercised its discretion under Rule 33(4) and concluded that separation would not serve the interests...

Citation
[2022] ZAST 13
Parties
Applicant: Special Investigating Unit; Applicant: Minister of Police; Applicant: Minister of Justice and Correctional Services; Defendant: Kgosisephuthabatho Gustav Lekabe
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
9 June 2022
Case Number
GP/09/19
Procedural Posture
Civil Application / Application for Separation of Special Pleas From Main Trial Under Rule 33(4)
Outcome
Application for separation of special pleas dismissed; costs to stand over for later determination.
Judges
S Naidoo
Legal Topics
Separation of Issues, Special Plea, Prescription Act, Locus Standi, Administrative Action, Joinder and Misjoinder
Civil Procedure Commercial and Corporate Separation of Issues Special Plea Prescription Act Locus Standi Administrative Action Joinder and Misjoinder

Case Brief

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Parties

Special Investigating Unit

Applicant

Minister of Police

Applicant

Minister of Justice and Correctional Services

Applicant

Kgosisephuthabatho Gustav Lekabe

Defendant

Procedural Posture

Civil Application / Application for Separation of Special Pleas From Main Trial Under Rule 33(4)

Legal Issues

  1. 1 Whether the special pleas raised by the defendant can be separated from the main trial and heard independently.
  2. 2 Whether the eight special pleas, if separated, would dispose of the action or require evidence at trial.

Ratio Decidendi

The Tribunal found that none of the eight special pleas raised by the defendant could be conveniently separated from the main trial, as each required evidence to be led and was intertwined with the merits of the case. The pleas regarding prescription, locus standi, administrative action, and misjoinder all depended on disputed facts that could only be resolved at trial. The defendant's arguments on administrative action were misplaced, as his conduct did not fall within the definition under PAJA. The SIU's authority to act was clearly established by statute and proclamations. The Tribunal exercised its discretion under Rule 33(4) and concluded that separation would not serve the interests...

Court Disposition

Application for separation of special pleas dismissed; costs to stand over for later determination.

Orders

  • The application for separation of the special pleas, in terms of Uniform Rule 33(4), is dismissed.
  • The costs of this application are to stand over for later determination.