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South Africa decisions
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Van Vuuren v Van Den Heever N.O and Others (2023-084243) [2025] ZAGPPHC 174 (26 February 2025)
High Court discovery ruling partially granting a pre-plea document request under rule 35(14) in litigation arising from allegations of a Ponzi-type scheme.
Steinhoff International Holdings N V and Others v Grobler and Other (042753-2023) [2023] ZAGPPHC 1137 (6 September 2023)
The High Court allowed amendment of the pleadings, refused security for costs, and compelled discovery in Steinhoff litigation relating to alleged overpayment claims.
National Council of and for Persons with Disabilities and Another v Minister of Transport and Others [2023] ZAGPPHC 348; 2022/039100 (18 May 2023)
The High Court ordered the Road Accident Fund to produce documents needed for a Rule 53 review record and awarded attorney-and-client costs for repeated non-compliance.
Democratic Alliance and Others v Mkhwebane and Another (1370/2019) [2021] ZASCA 18; [2021] 2 All SA 337 (SCA); 2021 (3) SA 403 (SCA) (11 March 2021)
The Supreme Court of Appeal held that Rule 35(12) applies to documents referred to in affidavits and annexures, provided they are relevant, not privileged, and in the possession of the party. The application for the SSA Analyst post was clearly referenced in the annexure 'PPSA5' and was material to the timeline and facts at issue in the defamation claim. The respondent's denial of reference and relevance was rejected. The court clarified that relevance under Rule 35(12) is broader than under conventional discovery rules and is assessed in relation to issues that might arise, not only those cr…
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Minister of Police and Others v Andrew Tonkin Guns and Rifles CC (69525/2013) [2016] ZAGPPHC 1057 (15 December 2016)
The High Court rescinded a default judgment for failure to discover documents and reinstated the state respondents’ defence.
Orion Cellular (Proprietary) Limited and Telkom South Africa Limited / Standard Bank of South Africa Limited / Edgars Consolidated Stores Limited (19/IR/Apr03) [2004] ZACT 18; [2004] 1 CPLR 198 (CT) (24 February 2004)
The Tribunal granted Orion access to disputed contractual data, subject to confidentiality undertakings, and treated limited annexure data as provisionally confidential.
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