South Africa Case Law

Kruger v Minister of Safety and Security (525/2014)

Kruger v Minister of Safety and Security (525/2014) [2025] ZANWHC 20 (29 January 2025)

Court

North West High Court, Mafikeng

Case number

525/2014

Judge

M Z Makoti

The court held that while Rule 38(2) allows for evidence to be adduced by affidavit for sufficient reason, this discretion is expressly limited where a party reasonably requires the attendance of a witness for cross-examination and the witness can be produced. The respondent's request to cross-examine the expert witnesses was reasonable and fundamental to the right to a fair trial. The court found that cost-saving considerations cannot override the respondent's entitlement to test the evidence through cross-examination. Accordingly, the application to admit expert evidence by affidavit was di…

Source excerpt

• Rule 38 Evidence By Affidavit
• Cross Examination Right
• Costs Award
• Expert Evidence

Hlongwani v Road Accident Fund (44993/2021)

Hlongwani v Road Accident Fund (44993/2021) [2024] ZAGPJHC 1052 (17 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

44993/2021

Judge

N.C.J. Mncube

The court dismissed a Rule 38(2) application to lead expert evidence by affidavit, holding that fairness and the right to cross-examination outweighed convenience.

• Rule 38 Evidence By Affidavit
• Expert Evidence
• Cross Examination Rights
• Loss Of Earnings Claim
• Civil-procedure
• Rule-38-2

Minister of Police v Dziva (38700/2016)

Minister of Police v Dziva (38700/2016) [2022] ZAGPPHC 569 (3 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

38700/2016

Judge

L.A. Retief

The High Court granted a postponement after the respondent’s late procedural application changed the trial landscape, but refused ancillary rescission and rule 7 relief.

• Postponement Of Trial
• Rescission Of Striking Out Order
• Rule 7 Power Of Attorney
• Rule 33 Separation Of Issues
• Rule 38 Evidence By Affidavit
• Postponement-of-trial