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2023
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[2023] ZAGPJHC 1254
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Minister Of Police v Zwane (2023-113346) [2023] ZAGPJHC 1254 (2 November 2023)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO: 2023-113346
NOT REPORTABLE
NOT OF INTEREST TO OTHER
JUDGES
REVISED
02/11/23
In the matter between:
MINISTER
OF POLICE
APPLICANT
And
ZWANE,
KATLEGO PHOKA
RESPONDENT
JUDGMENT
WRIGHT J
1.
The
respondent issued summons against the present applicants claiming
damages for wrongful arrest and malicious prosecution. The
matter was
defended by the State Attorney. A plea was filed.
2.
The
defence was later struck out for want of compliance with two court
orders. The matter is set down for a default judgment hearing
tomorrow, 3 November 2023.
3.
The
Applicants seek now urgently to stay the default judgment hearing
pending the finalization of a rescission application by the
applicants in which they seek to rescind the two orders.
4.
The
person at the State Attorney who was dealing with the matter passed
away. This forms the basis of the rescission application.
In that
application affidavits have been swopped and the matter awaits a
hearing.
5.
The
respondent, perhaps not unreasonably, complains of long delay by the
applicants in the matter generally.
6.
There
are various disputes of fact, but in my view, it is in the interests
of justice that the default judgment hearing be stayed
pending the
outcome of the rescission application.
ORDER
1.
The
application for default judgment is postponed pending the
finalization of the rescission application.
2.
Costs
reserved.
GC Wright
Judge of the High
Court
Gauteng Division,
Johannesburg
HEARD
: 2 November 2023
DELIVERED
: 2 November 2023
APPEARANCES
:
APPLICANTS
Adv Mawila J
Mawila@gmail.com
079 098 8953
Instructed
by State Attorneys
gmadikgetla@justice.gov.za
RESPONDENT
Adv Ikechukwu Nwakodo
ike.sleekkonzult@com
083 713 6851
Instructed
by Okafor M A Attorneys
info@omalaw.co.za
081 723 2442