Clear Cut Projects (Pty) Ltd and Another v Minister of Police and Another (2218/2020) [2021] ZAFSHC 11 (5 February 2021)

Clear Cut Projects (Pty) Ltd and Another v Minister of Police and Another (2218/2020) [2021] ZAFSHC 11 (5 February 2021)

The court found that the applicants had established locus standi by showing possession of the excavator. However, the applicants failed to comply with Rule 28 of the Uniform Rules of Court when amending their notice of motion and founding affidavit. The court held that amendments to pleadings must be properly explained and justified to avoid prejudice and ensure clarity of issues. The application was not properly placed before the court due to procedural non-compliance, and was therefore struck off the roll with costs.

Citation
[2021] ZAFSHC 11
Parties
Applicant: Clear Cut Projects (Pty) Ltd; Applicant: W W Civil and Construction (Pty) Ltd; Respondent: Minister of Police; Respondent: National Commissioner of South African Police Service
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 February 2021
Case Number
2218/2020
Procedural Posture
Urgent Application / Application to Strike Off the Roll
Outcome
Application struck off the roll with costs.
Judges
Mathebula
Legal Topics
Spoliation, Locus Standi, Amendment of Pleadings, Rule 28 Uniform Rules, Possession, Motion Proceedings
Civil Procedure Land and Property Spoliation Locus Standi Amendment of Pleadings Rule 28 Uniform Rules Possession Motion Proceedings

Case Brief

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Parties

Clear Cut Projects (Pty) Ltd

Applicant

W W Civil and Construction (Pty) Ltd

Applicant

Minister of Police

Respondent

National Commissioner of South African Police Service

Respondent

Procedural Posture

Urgent Application / Application to Strike Off the Roll

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the application.
  2. 2 Whether the applicants complied with Rule 28 of the Uniform Rules of Court regarding amendment of pleadings.
  3. 3 Whether the application is properly before the court given the procedural history.

Ratio Decidendi

The court found that the applicants had established locus standi by showing possession of the excavator. However, the applicants failed to comply with Rule 28 of the Uniform Rules of Court when amending their notice of motion and founding affidavit. The court held that amendments to pleadings must be properly explained and justified to avoid prejudice and ensure clarity of issues. The application was not properly placed before the court due to procedural non-compliance, and was therefore struck off the roll with costs.

Court Disposition

Application struck off the roll with costs.

Orders

  • The application is struck off the roll with costs.