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2023
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[2023] ZAGPJHC 1149
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Matlala v Mmela Investments Holdings (Pty) Ltd and Others (25524/2019) [2023] ZAGPJHC 1149 (12 October 2023)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
Case
No: 25524/2019
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
REVISED
12.10.23
In the interlocutory
application of:
MATLALA,
MARY-ANNE PHUTI
Plaintiff
And
MMELA
INVESTMENTS HOLDINGS (PTY) LTD
First
Defendant
CLAIMS
ADMINISTRATION AND RECOVERY SERVICES (PTY) LTD
Second
Defendant
RAMATSETSE,
WILSON MOHOBI
Third
Defendant
Delivered: This
judgment was prepared and authored by the Judge whose name is
reflected and is handed down electronically
by circulation to the
Parties/their legal representatives by email and by uploading it to
the electronic file of this matter on
CaseLines. The date for
hand-down is deemed to be 12 October 2023.
JUDGMENT
– RULE 35(13) CHAMBER APPLICATION
MALINDI J
[1]
On 17 February 2023 the plaintiff made a
request for targeted discovery in terms of paragraphs 25 and 26 of
the Commercial Court
Practice Directive. She requests the discovery
of the first and second defendants’ bank statements held with
any and all
banking institutions from 2008 to date.
[2]
The plaintiff requests further that the
defendants disclose whether any shares have been declared by the
first and second defendants.
[3]
The defendants oppose the request on the
grounds that discovery has been made and that in any event the
documents are irrelevant.
[4]
I have considered the pleadings in this
matter and am of the view that the purpose for which targeted
discovery is sought is justified.
In order to prove her damages as
pleaded, the plaintiff requires proof that the Department of Justice
made certain payments to
the defendants and that dividends, which she
claims she was entitled to, were paid to the first and second
defendants. However,
in order to protect the rights of the defendants
to privacy, I order that discovery as requested be made but that the
statements
be redacted for that purpose. The effect would be the
redaction of all other information in the bank statements except
payments
made by the Department of Justice to the first and second
defendants from 2008 to date.
[5]
Accordingly, the following order is made:
1.
The first and second defendants are ordered
to disclose their bank statements held in any and all banking
institutions from 2008
to date. Such bank statements are to be
redacted so as to exclude all information not being payments by the
Department of Justice
to them.
2.
The first and second defendants are to
disclose in any form all dividends declared by the them during the
period from 2008 to date.
3.
The defendants are to declare on affidavit
that none of the redacted information is relevant for the purposes of
paragraphs 1 and
2 above.
G MALINDI
JUDGE OF THE HIGH
COURT OF SOUTH AFRICA
GAUTENG DIVISION
JOHANNESBURG
PARTIES LEGAL
REPRESENTATIVES (APPLICATION DECIDED IN CHAMBERS, ON ITS PAPERS)
FOR THE PLAINTIFFS:
Prince Mudau and
Associates
FOR THE DEFENDANTS:
Van Der Merwe Doring
Maponya Inc (VDMA)
DATE OF JUDGMENT:
12 October 2023