Stemashan Sphephelo Joint Venture v Member of the Executive Council (MEC) for the Department of Local Government and Housing in the Mpumalanga Provincial Government (18722/2010) [2013] ZAGPPHC 294 (15 October 2013)

Stemashan Sphephelo Joint Venture v Member of the Executive Council (MEC) for the Department of Local Government and Housing in the Mpumalanga Provincial Government (18722/2010) [2013] ZAGPPHC 294 (15 October 2013)

The court found that the plaintiff had not furnished an adequate explanation for non-compliance with section 3 of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 and had failed to bring a formal condonation application. The court held that the special plea should be adjudicated separately in terms of Rule 33(4), but granted the plaintiff an opportunity to apply for condonation within 10 days, recognizing the importance of the matter and the significant amount involved. Costs were reserved and the action was postponed sine die.

Citation
[2013] ZAGPPHC 294
Parties
Plaintiff: Stemashan Sphephelo Joint Venture; Defendant: Member of the Executive Council (MEC) for the Department of Local Government and Housing in the Mpumalanga Provincial Government; Defendant: Head of the Department (HOD) for the Department of Local Government and Housing in the Mpumalanga Provincial Government
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 October 2013
Case Number
18722/2010
Procedural Posture
Civil Trial / Application to Separate and Adjudicate Special Plea Prior to Merits and Quantum
Outcome
Special plea to be adjudicated separately; plaintiff granted opportunity to apply for condonation; action postponed sine die.
Judges
Pretorius
Legal Topics
Special Plea, Condonation, Institution of Legal Proceedings Against Organs of State Act, Rule 33 4, Procedural Irregularity
Civil Procedure Administrative Law Special Plea Condonation Institution of Legal Proceedings Against Organs of State Act Rule 33 4 Procedural Irregularity

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Parties

Stemashan Sphephelo Joint Venture

Plaintiff

Member of the Executive Council (MEC) for the Department of Local Government and Housing in the Mpumalanga Provincial Government

Defendant

Head of the Department (HOD) for the Department of Local Government and Housing in the Mpumalanga Provincial Government

Defendant

Procedural Posture

Civil Trial / Application to Separate and Adjudicate Special Plea Prior to Merits and Quantum

Legal Issues

  1. 1 Whether the defendants' special plea should be adjudicated separately before the merits and quantum of the action.
  2. 2 Whether the plaintiff complied with section 3 of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002.
  3. 3 Whether the plaintiff is entitled to condonation for non-compliance with the Act.

Ratio Decidendi

The court found that the plaintiff had not furnished an adequate explanation for non-compliance with section 3 of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 and had failed to bring a formal condonation application. The court held that the special plea should be adjudicated separately in terms of Rule 33(4), but granted the plaintiff an opportunity to apply for condonation within 10 days, recognizing the importance of the matter and the significant amount involved. Costs were reserved and the action was postponed sine die.

Court Disposition

Special plea to be adjudicated separately; plaintiff granted opportunity to apply for condonation; action postponed sine die.

Orders

  • The application to have the special plea adjudicated separately in terms of Rule 33(4) is granted.
  • The plaintiff is granted the opportunity to lodge a condonation application for non-compliance with section 3 of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 within 10 days of this order.