South Africa Case Law

Brown v Member of the Executive Council for the Education and Sport Development, North West Province (96/2021)

Brown v Member of the Executive Council for the Education and Sport Development, North West Province (96/2021) [2023] ZANWHC 4 (19 January 2023)

Court

North West High Court, Mafikeng

Case number

96/2021

Judge

K Mongale

The court found that the defendant's Rule 35(12) notices were irregular steps because the requested documents, except for the third-party liability insurance policy, were not referred to in the pleadings of the Third parties as required by Rule 35(12). The defendant failed to comply with Form 15 of the First Schedule by not indicating in which pleading the documents were referenced. The correct procedure for obtaining documents relevant to anticipated issues for purposes of pleading is Rule 35(14), not Rule 35(12). The insurance policy was properly referenced and produced, but the remaining d…

Source excerpt

• Discovery Of Documents
• Rule 35 Procedure
• Irregular Step
• Pleadings
• Third Party Proceedings

Maphukatha v Alfred Ndzo District Municipality (2654/16)

Maphukatha v Alfred Ndzo District Municipality (2654/16) [2018] ZAECMHC 25 (20 March 2018)

Court

Eastern Cape High Court, Mthatha

Case number

2654/16

Judge

Z M Nhlangulela

The High Court dismissed an interlocutory application for discovery, holding that the papers were defective and that Rule 35(3) was the wrong procedure.

• Discovery Of Documents
• Rule 35 Procedure
• Affidavit Requirements
• Counterclaim Pleading
• Civil-procedure
• Discovery-of-documents

Goosen v Muller (1224/2015)

Goosen v Muller (1224/2015) [2017] ZAFSHC 212 (3 November 2017)

Court

Free State High Court, Bloemfontein

Case number

1224/2015

Judge

Murray, AJ

The High Court ordered further discovery in a damages dispute arising from a veldfire, holding the requested documents were relevant to quantum.

• Discovery Of Documents
• Quantum Of Damages
• Rule 35 Procedure
• Assessment Of Loss
• Evidentiary Relevance
• Discovery-of-documents

Rocla (Pty) Ltd v Burden & Swart Attorneys and Others (21573/2014)

Rocla (Pty) Ltd v Burden & Swart Attorneys and Others (21573/2014) [2016] ZAGPPHC 676 (29 July 2016)

Court

North Gauteng High Court, Pretoria

Case number

21573/2014

Judge

C.P. Rabie

The court allowed an amendment correcting the applicant’s misdescription after a company name change and dismissed the second respondent’s Rule 35 discovery application.

• Amendment Of Pleadings
• Misdescription Of Parties
• Discovery In Motion Proceedings
• Rule 35 Procedure
• Civil-procedure
• Amendment-of-pleadings

Mutch Building Materials CC v Hanekom (2013/45313)

Mutch Building Materials CC v Hanekom (2013/45313) [2014] ZAGPJHC 278 (8 October 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2013/45313

Judge

FHD Van Oosten

The High Court dismissed a rule 35 discovery application, holding the documents were not referred to in the papers and that the request was an abuse of process.

• Discovery Of Documents
• Rule 35 Procedure
• Punitive Costs
• De Bonis Propriis Costs
• Discovery-of-documents
• Rule-35-procedure

Telfree Communications (Pty) Ltd v Mobile Telephone Networks (Pty) Ltd (33647/2012)

Telfree Communications (Pty) Ltd v Mobile Telephone Networks (Pty) Ltd (33647/2012) [2014] ZAGPPHC 627 (20 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

33647/2012

Judge

Bredenkamp

The High Court ordered production of documents referred to in affidavits under Rule 35(12), but held the applicant’s Rule 35(14) notice was too broad.

• Discovery Of Documents
• Rule 35 Procedure
• Spoliation
• Interim Interdict
• Discovery-of-documents
• Rule-35-procedure

Smit and Others v Phumelela Local Municipality (5185/2011)

Smit and Others v Phumelela Local Municipality (5185/2011) [2013] ZAFSHC 165 (24 September 2013)

Court

Free State High Court, Bloemfontein

Case number

5185/2011

Judge

A Kruger

The High Court refused to strike out a municipality’s defence over discovery disputes, but ordered it to pay the costs because its filing system was inadequate.

• Discovery Of Documents
• Rule 35 Procedure
• Costs Award
• Filing System Inadequacy
• Civil-procedure
• Discovery-of-documents

Bax Global (Pty) Ltd v Tecmed (Pty) Ltd (2009/53039)

Bax Global (Pty) Ltd v Tecmed (Pty) Ltd (2009/53039) [2010] ZAGPJHC 194 (4 November 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2009/53039

Judge

EF Dippenaar

The court held that Rule 35 discovery could be extended to the interlocutory application and ordered production of specified documents, with costs against the respondent.

• Discovery In Application Proceedings
• Exceptional Circumstances
• Winding Up
• Locus Standi
• Rule 35 Procedure
• Rule-35-discovery

Balkgo's Construction and Another v Greater Temba Representative Council and Others (640/2001)

Balkgo's Construction and Another v Greater Temba Representative Council and Others (640/2001) [2002] ZANWHC 41 (5 December 2002)

Court

North West High Court, Mafikeng

Case number

640/2001

Judge

Mogoeng

The court refused to dismiss the plaintiffs’ action for incomplete discovery, finding the non-compliance not sufficiently wilful or prejudicial to justify the harsh sanction.

• Discovery Non Compliance
• Rule 35 Procedure
• Dismissal Of Action
• Sanctions For Non Compliance
• Civil-procedure
• Discovery