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2024
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[2024] ZAGPPHC 263
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Compensation Commissioner and Others v Compensation Solutions (Pty) Ltd (49156/2021) [2024] ZAGPPHC 263 (18 March 2024)
IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG DIVISION,
PRETORIA)
Case No:
49156/2021
(1)
REPORTABLE: YES/
NO
(2)
OF INTEREST TO OTHER JUDGES: YES/
NO
(3)
REVISED.
DATE: 18 March 2024
SIGNATURE
In the matter between:
COMPENSATION
COMMISSIONER
1
st
APPLICANT
DIRECTOR-GENERAL,
DEPARTMENT
LABOUR
2
ND
APPLICANT
THE
MINISTER OF
LABOUR
3
RD
APPLICANT
and
COMPENSATION
SOLUTIONS (PTY) LTD
RESPONDENT
JUDGMENT
HF
JACOBS, AJ:
[1]
This
is an application for leave to appeal an order upholding the
exceptions noted by the respondent to two special pleas of
prescription
raised by the applicants. The principles
applicable to applications for leave to appeal are set out in
Hunter
[1]
.
[2]
The grounds upon which leave to appeal is
sought against the order upholding the exception in respect of the
first special plea
of prescription based on sections 43 and 44 of the
COIDA are without any merit. Those points have been decided on by our
courts
on more than one occasion. I am not of the opinion that
the appeal against the order granted in that regard has any prospect
of success or that any other compelling reason exist why leave to
appeal should be granted to the applicants.
[3]
The main judgment explains why the second
special plea lacks essential averments concerning the plea of
prescription. Pleadings
serve important functions in civil
litigation namely to inform an opponent of the case to be met and to
set out, for the convenience
of the court, sufficient allegations of
fact to distil the
facta probanda
.
The applicants’ pleading falls foul of the required standard.
In my opinion the proposed appeal has no prospect
of success and
there exist no compelling reason why leave to appeal should be
granted.
[4]
The application for leave to appeal is
refused with costs.
H
F JACOBS
ACTING
Judge of the High Court
GAUTENG DIVISION,
PRETORIA
Delivered:
This judgment was handed down
electronically by circulation to the parties’ legal
representatives by e-mail. The date
and time for hand-down is
deemed to be 14h00 on the 18
th
March 2024.
APPERANCES
Counsel
for applicants:
Adv M
Makhubela
Adv
M S Netso
Attorneys
for defendants/respondents:
State
Attorney
Counsel
for plaintiff/excipient:
Adv E
J J Nel
Attorneys
for plaintiff/excipient:
Quiryn
Spruyt Attorneys
[1]
Hunter
v Financial Services Board
2017 JBR 0941
(GP);
Caratco
(Pty) Ltd v Independent Advisory (Pty) Ltd
2020 (5) SA 35
(SCA);
Minister
of Justice and Constitutional Development and Others v Southern
Africa Litigation Centre and Others
2016 (3) SA 317
(SCA);