Special Investigation Unit v Schmahl and Others (LP/01/2020) [2021] ZAST 10 (9 August 2021)

Special Investigation Unit v Schmahl and Others (LP/01/2020) [2021] ZAST 10 (9 August 2021)

The Tribunal found that condonation for the late filing of the amendment application should be granted in the interests of justice, given the public interest in the recovery of state losses due to alleged procurement irregularities. The SIU was granted leave to amend certain paragraphs of its particulars of claim where the amendments were uncontroversial and not opposed. However, the respondents' objections regarding vagueness, lack of particularity, and failure to attach relevant contracts were upheld for specific paragraphs, as the manner of pleading offended Uniform Rule 18(4), (6), and (10). The Tribunal directed the SIU to reference all contracts consistently and to address the...

Citation
[2021] ZAST 10
Parties
Applicant: Special Investigating Unit; Respondent: Carel Schmahl; Respondent: Johann Christiaan Kilian; Defendant: Phineas Kgahliso Legodi
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
9 August 2021
Case Number
LP/01/2020
Procedural Posture
Amendment Application / Application for Amendment of Particulars of Claim and Condonation for Late Filing
Outcome
Condonation for late filing granted; leave to amend particulars of claim partially granted; certain objections upheld; costs awarded against the applicant.
Judges
L T Modiba
Legal Topics
Amendment of Pleadings, Condonation, Uniform Rules of Court, Procurement Irregularities
Civil Procedure Administrative Law Amendment of Pleadings Condonation Uniform Rules of Court Procurement Irregularities

Case Brief

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Parties

Special Investigating Unit

Applicant

Carel Schmahl

Respondent

Johann Christiaan Kilian

Respondent

Phineas Kgahliso Legodi

Defendant

Procedural Posture

Amendment Application / Application for Amendment of Particulars of Claim and Condonation for Late Filing

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the amendment application.
  2. 2 Whether the applicant should be granted leave to amend its particulars of claim.
  3. 3 Whether the respondents' objections to the proposed amendments have merit.

Ratio Decidendi

The Tribunal found that condonation for the late filing of the amendment application should be granted in the interests of justice, given the public interest in the recovery of state losses due to alleged procurement irregularities. The SIU was granted leave to amend certain paragraphs of its particulars of claim where the amendments were uncontroversial and not opposed. However, the respondents' objections regarding vagueness, lack of particularity, and failure to attach relevant contracts were upheld for specific paragraphs, as the manner of pleading offended Uniform Rule 18(4), (6), and (10). The Tribunal directed the SIU to reference all contracts consistently and to address the...

Court Disposition

Condonation for late filing granted; leave to amend particulars of claim partially granted; certain objections upheld; costs awarded against the applicant.

Orders

  • The plaintiff is granted leave to amend paragraphs 2.1, 4.2, 4.6, 4.7, 4.8, 4.9, 5.1.14, 13 of its particulars of claim as proposed in its notice of amendment dated February 2021.
  • The plaintiff shall file its amended pages within 15 days of the date of delivery of this judgment.