MEC for Education North West and Another v Engelbrecht and Others (2516/2022)
MEC for Education North West and Another v Engelbrecht and Others (2516/2022) [2024] ZANWHC 208 (13 November 2024)
The court held that the delivery of a notice of bar by the respondents was not an irregular step, as the Uniform Rules do not provide that a Rule 35(14) notice suspends the time for pleading. The Department ought to have applied for an extension of time to plead or to file its application to compel discovery. The Department's reliance on Sanniegraan was misplaced, as the weight of authority supports the view that the dies for pleading are not suspended by a Rule 35(14) notice. The application to declare the notice of bar irregular was dismissed, but the Department was granted a further ten da…
Source excerpt
- Notice Of Bar
- Rule 35 Discovery
- Rule 30a Irregular Step
- Extension Of Time
- Pleading Periods