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.
Defamation — Interdict — Application for leave to appeal against final interdict restraining publication of defamatory statements — Court finding urgency justified due to ongoing harm — Requirements for final interdict established, including absence of satisfactory alternative remedy — Application for leave to appeal dismissed as lacking reasonable prospect of success.
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.
Appeal — Leave to appeal — Application for leave to appeal against judgment — Respondents raising new grounds of appeal not previously argued — Court finding no reasonable prospects of success on new grounds — Application for leave to appeal refused with costs awarded to the applicant.
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.