Malgas and Others v Minister of Justice and Correctional Services (73418/16) [2021] ZAGPPHC 90 (18 February 2021)

Malgas and Others v Minister of Justice and Correctional Services (73418/16) [2021] ZAGPPHC 90 (18 February 2021)

The court found that the defendant had established a case of non-joinder regarding the transcribing companies, as they were directly implicated in the alleged failure to provide a complete record and thus had a substantial interest in the proceedings. The plaintiffs are required to join Sneller Verbatim (Pty) Ltd and/or Ms Rencey Smit t/a L & C Typing Services. However, the special plea of misjoinder was dismissed because the Minister of Justice and Correctional Services is the proper defendant, being responsible for the administration of justice and the Registrar's actions. The court relied on the Alves decision and statutory provisions to clarify the respective responsibilities and...

Citation
[2021] ZAGPPHC 90
Parties
Plaintiff: Peter Thembekile Malgas; Plaintiff: Alfred Disco Biyela; Plaintiff: Boswell John Mhlongo; Defendant: Minister of Justice and Correctional Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 February 2021
Case Number
73418/16
Procedural Posture
Civil Trial / Special Plea (non Joinder and Misjoinder)
Outcome
Special plea of non-joinder upheld regarding the transcribers; special plea of misjoinder dismissed.
Judges
Baqwa
Legal Topics
Non Joinder, Misjoinder, Vicarious Liability, Wrongful Detention, State Liability
Civil Procedure Delict Non Joinder Misjoinder Vicarious Liability Wrongful Detention State Liability

Case Brief

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Parties

Peter Thembekile Malgas

Plaintiff

Alfred Disco Biyela

Plaintiff

Boswell John Mhlongo

Plaintiff

Minister of Justice and Correctional Services

Defendant

Procedural Posture

Civil Trial / Special Plea (non Joinder and Misjoinder)

Legal Issues

  1. 1 Whether the plaintiffs' failure to join the transcribing companies constitutes non-joinder.
  2. 2 Whether the Minister of Justice and Correctional Services is correctly cited as a defendant (misjoinder).
  3. 3 Whether the plaintiffs have established grounds for vicarious liability against the Minister for the conduct of other parties.

Ratio Decidendi

The court found that the defendant had established a case of non-joinder regarding the transcribing companies, as they were directly implicated in the alleged failure to provide a complete record and thus had a substantial interest in the proceedings. The plaintiffs are required to join Sneller Verbatim (Pty) Ltd and/or Ms Rencey Smit t/a L & C Typing Services. However, the special plea of misjoinder was dismissed because the Minister of Justice and Correctional Services is the proper defendant, being responsible for the administration of justice and the Registrar's actions. The court relied on the Alves decision and statutory provisions to clarify the respective responsibilities and...

Court Disposition

Special plea of non-joinder upheld regarding the transcribers; special plea of misjoinder dismissed.

Orders

  • Plaintiffs are granted leave to amend their summons within 20 days of this order to join the transcribers.
  • Special plea of misjoinder is dismissed.