State Attorney Pretoria and Others v Sampson (14785/22) [2024] ZAGPPHC 1276 (5 December 2024)

State Attorney Pretoria and Others v Sampson (14785/22) [2024] ZAGPPHC 1276 (5 December 2024)

The court found that the order granted in the applicants' absence was interlocutory in nature, as it did not resolve the substantive issues but dealt with procedural matters. The order was all-encompassing and failed to specify which special pleas or exceptions were upheld, rendering it impossible to implement. The applicants' explanation for their default—IT system failure and the volume of litigation—was found to be insufficient and lacking in detail. However, the bona fide defence raised by the applicants was strong, as the special pleas and exceptions relied upon by the respondent were without merit and not competent in motion proceedings. The balancing exercise required by law...

Citation
[2024] ZAGPPHC 1276
Parties
Applicant: State Attorney Pretoria; Applicant: Solicitor General; Applicant: Minister of Justice and Correctional Services; Respondent: Darren Sampson
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 December 2024
Case Number
14785/22
Procedural Posture
Review Application / Application for Rescission And/or Variation of Default Order
Outcome
Order of Kubushi J dated 1 September 2022 rescinded and set aside.
Judges
N V Khumalo
Legal Topics
Rescission of Judgment, Interlocutory Orders, Rule 42 Variation, Vexatious Litigation, Default Judgment, Special Plea
Civil Procedure Rescission of Judgment Interlocutory Orders Rule 42 Variation Vexatious Litigation Default Judgment Special Plea

Case Brief

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Parties

State Attorney Pretoria

Applicant

Solicitor General

Applicant

Minister of Justice and Correctional Services

Applicant

Darren Sampson

Respondent

Procedural Posture

Review Application / Application for Rescission And/or Variation of Default Order

Legal Issues

  1. 1 Whether sufficient cause has been shown by the applicants for rescission or variation of the default order granted in their absence.
  2. 2 Whether the order granted was interlocutory and thus subject to rescission or variation on good cause.
  3. 3 Whether the applicants' explanation for their default is reasonable and satisfactory under Rule 42 and common law.

Ratio Decidendi

The court found that the order granted in the applicants' absence was interlocutory in nature, as it did not resolve the substantive issues but dealt with procedural matters. The order was all-encompassing and failed to specify which special pleas or exceptions were upheld, rendering it impossible to implement. The applicants' explanation for their default—IT system failure and the volume of litigation—was found to be insufficient and lacking in detail. However, the bona fide defence raised by the applicants was strong, as the special pleas and exceptions relied upon by the respondent were without merit and not competent in motion proceedings. The balancing exercise required by law...

Court Disposition

Order of Kubushi J dated 1 September 2022 rescinded and set aside.

Orders

  • The order of Kubushi J granted on 1 September 2022, upholding the Special Pleas and Exceptions raised by the Respondent, is rescinded and set aside.
  • No order as to costs.