South Africa Case Law

Special Investigating Unit and Others v Lekabe (GP09/2019; GP/22/2021)

Special Investigating Unit and Others v Lekabe (GP09/2019; GP/22/2021) [2025] ZAST 6 (4 March 2025)

Court

Special Tribunal

Case number

GP09/2019; GP/22/2021

Judge

M Victor

The Tribunal found that both the 7 and 11 February 2025 third party notices were defective and irregular, as they failed to comply with the requirements of the Uniform Rules of Court and the Tribunal Rules. The respondent's attempt to use a hybrid process by combining elements of both sets of rules was impermissible. The Tribunal held that service by email alone did not satisfy the procedural requirements for third party notices, and that the applicants, as dominus litis, were entitled to receive all relevant documents. The respondent's withdrawal notice did not specify which notice was being…

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• Irregular Proceedings
• Third Party Notice
• Uniform Rules Of Court
• Special Tribunal Rules
• Costs Award

Schmahl and Another v Special Investigating Unit (GP10/2020; LP10/2020)

Schmahl and Another v Special Investigating Unit (GP10/2020; LP10/2020) [2025] ZAST 2 (23 January 2025)

Court

Special Tribunal

Case number

GP10/2020 & LP10/2020

Judge

D Makhoba

The Special Tribunal dismissed an application to join third parties in a damages matter, finding no proper basis for joinder and awarding costs against the applicants.

• Joinder Of Parties
• Apportionment Of Liability
• Uniform Rule 13
• Special Tribunal Rules
• Joinder-of-parties
• Special-tribunal

Special Investigating Unit v Municipality Employees Union Retirement Fund and Another (GP/10/2020)

Special Investigating Unit v Municipality Employees Union Retirement Fund and Another (GP/10/2020) [2022] ZAST 17 (14 July 2022)

Court

Special Tribunal

Case number

GP/10/2020

Judge

K Pillay

The court found that the applicant had instituted action by issuing the combined summons within the 30-day period prescribed by the Tribunal order, in line with established authorities that action is commenced by issue, not service, unless otherwise specified. The delay in service was adequately explained and not due to mala fide conduct. The applicant demonstrated good cause for condonation and revival of the rule nisi under Rule 27(2) of the Uniform Rules. The Tribunal's hybrid approach allows invocation of Uniform Rules where its own rules are silent. The matter is ready for hearing on con…

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• Revival Of Rule Nisi
• Extension Of Time
• Condonation
• Special Tribunal Rules
• Uniform Rules Of Court

Special Investigating Unit v Hlatshwayo and Others (GP/20/2020)

Special Investigating Unit v Hlatshwayo and Others (GP/20/2020) [2021] ZAST 6 (15 June 2021)

Court

Special Tribunal

Case number

GP/20/2020

Judge

L T Modiba

The Special Tribunal dismissed the first respondent's application for postponement, finding no sufficient cause or prejudice demonstrated and noting his repeated dilatory conduct. The application to compel discovery was dismissed because the applicant was not in possession of the requested documents, the requirements for discovery under the relevant rules were not met, and the respondent failed to seek the necessary directive for discovery in application proceedings. The Tribunal found that the applicant had established a prima facie case of procurement irregularity, a reasonable apprehension…

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• Interim Interdict
• Discovery Procedure
• Public Procurement Irregularity
• Special Tribunal Rules
• Locus Standi
• Costs Order