South Africa Case Law

Member of the Executive Council for Health of the Gauteng Provincial Government v M.M and Another (26457/2020)

Member of the Executive Council for Health of the Gauteng Provincial Government v M.M and Another (26457/2020) [2024] ZAGPPHC 373 (18 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

26457/2020

Judge

S. Potterill

The High Court dismissed the MEC’s condonation application for a late expert report, refused admission of Dr Mhlongo’s evidence, and ordered attorney-and-client costs.

• Condonation
• Expert Evidence
• Rule 36
• Prejudice
• Attorney And Client Costs
• Expert-evidence

Mason v Mason NO (2353/2016)

Mason v Mason NO (2353/2016) [2021] ZAECPEHC 57 (23 November 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2353/2016

Judge

J W Eksteen

The High Court dismissed an application to compel discovery of litigation documents and expert-related correspondence, holding they were protected by litigation privilege.

• Litigation Privilege
• Discovery Of Documents
• Expert Evidence
• Rule 35
• Rule 36
• Litigation-privilege

MEC for Health,North West Province v Dumisani,MR oo BM ;In Re:Dumisani,MR obo BM v MEC for Health,North West Province (319/2016)

MEC for Health,North West Province v Dumisani,MR oo BM ;In Re:Dumisani,MR obo BM v MEC for Health,North West Province (319/2016) [2019] ZANWHC 28 (31 May 2019)

Court

North West High Court, Mafikeng

Case number

319/2016

Judge

R D Hendricks

The court held that expert reports prepared for the purpose of litigation are protected by litigation privilege and are not discoverable unless privilege is waived. Mere reference to expert reports in expert summaries does not amount to waiver of privilege. Rule 36(9) requires only a summary of expert opinion and reasons, not disclosure of the full report. The applicant failed to establish that privilege was waived or that the respondent was obliged to produce the expert reports and underlying documents. Accordingly, the application to compel production was dismissed.

Source excerpt

• Discovery Of Documents
• Expert Evidence
• Litigation Privilege
• Rule 35
• Rule 36

Venter v Haupfleisch Inc (2009/2747)

Venter v Haupfleisch Inc (2009/2747) [2012] ZAGPJHC 222 (10 September 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2009/2747

Judge

B Vally

High Court postponement application granted after late expert notice and poor pre-trial compliance, with a punitive costs order against the defendant.

• Postponement
• Expert Evidence
• Rule 36
• Rule 37
• Costs Order
• Pre Trial Conference