Sangweni and Another v MEC for Health, Gauteng Provincial Division (26465/2020) [2021] ZAGPPHC 469 (12 July 2021)
Court
North Gauteng High Court, Pretoria
Case number
26465/2020
Judge
E.M Kubushi
The court found that the defendant's special plea was vague and embarrassing as it failed to set out the factual basis for the alleged non-compliance with statutory provisions. The references to sections of the State Liability Act were either unsupported by facts or referred to non-existent sections. This lack of specificity prejudiced the plaintiffs in their ability to plead, replicate, and prepare for trial. The court held that the special plea did not contain the necessary averments to sustain a defence and that the exception should be upheld. However, rather than striking out the special…
Source excerpt
Exception Procedure
Vague And Embarrassing Pleading
Institution Of Legal Proceedings Against Organs Of State