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2023
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[2023] ZAGPJHC 451
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Maluleka v Minister of Police and Another (14870/2016) [2023] ZAGPJHC 451 (9 May 2023)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG LOCAL
DIVISION, JOHANNESBURG
CASE NO: 14870/2016
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
REVISED
09.05.23
In the matter between:
TERRIES
MALULEKA
PLAINTIFF
and
MINISTER
OF POLICE
1
ST
DEFENDANT
THE
NATIONAL DIRECTOR OF PUBLIC PROSECUTION
2
ND
DEFENDANT
Neutral Citation
:
Terries Maluleka v Minister of Police
& Another (Case No:
14870/2016) [2023] ZAGPJHC 451 (9 May 2023)
JUDGMENT –
WRIGHT J
WRIGHT
J
1.
The defendant seeks a postponement of the
trial in this matter.
2.
The postponement is sought on the ground
that there is pending a consolidation application in which the
defendant seeks to consolidate
the present action with a related
action.
3.
The other action was transferred from the
Pretoria High Court to this court by order of that court.
4.
By way of background, the plaintiffs in the
two presently separate actions were prosecutors in Johannesburg who
were arrested on
charges of attempting to defeat the ends of justice.
The charges against them were later withdrawn.
5.
The two prosecutors instituted actions for
damages for wrongful arrest. One prosecutor instituted action in
Pretoria and the other,
the present plaintiff before me now, in
Johannesburg.
6.
The defendant tenders the wasted costs of
today.
7.
In my view, it would be sensible not to run
separate trials about the same matter where there is either a
complete or substantial
overlap of witnesses.
ORDER
1.
The trial is postponed sine die.
2.
The defendant is to pay the wasted costs of
the plaintiff related to the present hearing.
HEARD
: 9 May 2023
DELIVERED
: 9 May 2023
APPEARANCES
PLAINTIFF:
Mr
Nkwinika
061 506
8068
fisherchaw@gmail.com
Kwinika
Attorneys
061 506
8068
fisherchaw@gmail.com
State
Attorney Johannesburg
Mr
J Makhubele
079 198
2800