Costs — Security for costs — Application for security for costs in main application — Applicant alleging respondent is a peregrinus and main application is vexatious — Court dismissing application for security, finding it an abuse of process — Condonation granted for late delivery of answering affidavit — Costs awarded against applicant on attorney and client scale.
Civil Procedure — Discovery — Rule 35(3) — Applicant seeking further discovery of documents from the Respondent in medical negligence case — Respondent objecting on grounds of relevance and breadth of request — Court determining that requested documents must be relevant to issues raised in pleadings and not constitute a fishing expedition — Application for further discovery partially granted, with limitations on scope.
Administrative Law — Review of administrative action — Applicants seeking to review and set aside a default judgment granted in breach of procedural safeguards and outside jurisdiction — Court finding that the first respondent failed to exhaust internal remedies under the Pension Funds Act before seeking relief — Order set aside as ultra vires and null and void.
Unlawful Arrest and Detention — Malicious Prosecution — Plaintiff suing for damages after being unlawfully arrested and detained for over 17 years — Defendants failing to defend against claims — Court granting default judgment in favor of the plaintiff for unlawful arrest and detention, but denying malicious prosecution due to lack of evidence on malice and instigation of prosecution.
Criminal Procedure — Delay in prosecution — Application for permanent stay of prosecution — Applicant seeking to stay criminal trial due to alleged unreasonable delay — Court finding that the application must be brought before the trial court where proceedings are pending — No exceptional circumstances justifying the application in the current court — Application dismissed.
Criminal Procedure — Unlawful arrest and detention — Appeal against dismissal of claim for unlawful arrest — Appellants alleging lack of reasonable suspicion for arrest under section 40(1)(b) of the Criminal Procedure Act 51 of 1977 — Court finding that the arresting officer had reasonable suspicion based on evidence collected during investigation — Appeal dismissed with costs.
Labour Law — Unfair dismissal — Appellant dismissed for alleged misconduct involving assault on manager — CCMA finding dismissal substantively and procedurally fair — Labour Court dismissing review application — Appeal against dismissal of review application — Court finding that the Commissioner properly considered evidence and made credibility findings — Appeal dismissed.
Legal Practice — Security for costs — Application for security for costs by the South African Legal Practice Council against a suspended attorney — Respondent's history of non-payment of costs orders and vexatious litigation — Court orders respondent to furnish security for costs in pending review application within 20 days, with punitive costs awarded to the applicant.
Insolvency Law — Rescission of order — Application for rescission of a default order granted against the City of Johannesburg Metropolitan Municipality — Liquidators of V&H Bono Furniture Manufacturers (Pty) Ltd seeking compliance with section 118(1) of the Local Government: Municipal Systems Act — Court finding that the City had actual knowledge of the order and failed to respond appropriately — Rescission application granted, leading to the dismissal of the contempt application and related matters.
Urgent Applications — Self-created urgency — Applicant seeking to stay execution of a warrant issued pursuant to a 2018 judgment — Court finding that the applicant delayed in launching the application, creating its own urgency — Application struck off the roll for lack of urgency and costs awarded against the applicant.
Administrative Law — Access to Information — Promotion of Access to Information Act — Applicant seeking order compelling CIPC to comply with PAIA request — Tribunal finding it lacks jurisdiction to entertain application as the relief sought is not empowered by the Companies Act — Application dismissed for want of jurisdiction.
Companies Tribunal — Jurisdiction — Application for default order against directors of homeowners association — Applicant seeking compliance with adjudication order from Community Scheme Ombud Service — Tribunal lacking jurisdiction to enforce compliance or declare directors delinquent under Section 162 of the Companies Act — Application dismissed for lack of jurisdiction.