South Africa Case Law

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)

Court

North West High Court, Mafikeng

Case number

2516/2022

Judge

M Z Makoti

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

Munn v Ocean Echo Properties 333 CC and Others (1760/2012)

Munn v Ocean Echo Properties 333 CC and Others (1760/2012) [2013] ZANCHC 13 (24 May 2013)

Court

Northern Cape High Court, Kimberley

Case number

1760/2012

Judge

S L Erasmus

The court dismissed a Rule 30A challenge to a summary judgment notice, found no substantial prejudice from any irregularity, and allowed defendants time to file opposing affidavits.

• Summary Judgment
• Rule 30a Irregular Step
• Uniform Rules Of Court
• Procedural Fairness
• Summary-judgment
• Rule-30a