REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
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Case Number: 2025-003936
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: YES
DATE: 3 February 2026
SIGNATURE OF JUDGE:
In the matter between:
STEPHANUSJOHANNESGROBLER
STEPHANUS JOHANNES GROBLER N.O.
(In his capacity as trustee of the Stephan Grobler Trust
with Trust No: IT 1699/93(T)
and
THE MINISTER OF FINANCE OF THE REPUBLIC OF
SOUTH AFRICA
THE SOUTH AFRICAN RESERVE BANK
1st Plaintiff
2nd Plaintiff
1st Defendant
2nd Defendant
Klopper, AJ
INTRODUCTION:
JUDGMENT
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[1] This matter becomes before court on exception. Although the background facts
are common cause, it is necessary to briefly refer to the chronology of events
that led to the current application.
[2] On 15 January 2025, the Plaintiffs delivered a combined summons, supported
by a particulars of claim wherein the Plaintiffs seek an order reviewing and setting
aside decisions, which were allegedly taken by the Second Defendant. The
Second Defendant (the South African Reserve Bank) delivered an exception to
the Plaintiffs' particulars of claim on 13 March 2025. The exception, delivered in
terms of Uniform Rule 23( 1 ) of the Uniform Rules of Court ("the rules'] , was taken
on the basis that the particulars of claim lack averments necessary to sustain a
cause of action.
[3] Without specifically conceding that the exception is good, the Plaintiffs
responded on 10 July 2025, by filing a notice of intention to amend their
particulars of claim in accordance with rule 28( 1) of the rules in which they
tendered the cost occasioned by the amendment.
[4] On 24 July 2025, the Plaintiffs objected to the proposed amendment in terms of
rule 28(3) of the rules.
[5] On 7 August 2025, the Plaintiffs filed an application to amend their particulars of
claim and to join further parties to the action instituted by the Plaintiffs on 15
January 2025.
[6] On 14 August 2025, the Second Defendant together with Kuben Naidoo N.O.,
Andre Malherbe N.O and Nomfundo Tshazabana N.O., filed a notice to oppose
the application. Kuben Naidoo N.O., Andre Malherbe N.O and Nomfundo
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Tshazabana N.O., are the three parties which the Plaintiffs seek to join as
Defendants to the action instituted by the Plaintiffs.
[7] On 11 September 2025, the Second Defendant together with Kuben Naidoo N.O,
Andre Malherbe N.O and Nomfundo Tshazabana N.O. filed their answering
affidavit to the Plaintiffs' application.
[8] On 16 October 2025, the Plaintiffs filed their replying affidavit.
[9] The Plaintiffs application for leave to amend its particulars of claim and to join
further parties to the action, has not as yet been set down for hearing and
remains pending.
[10] However, on 2 October 2025 the Second Defendant filed a notice of set down of
the Second Defendant's exception filed on 13 March 2025.
DISCUSSION OF FACTS AND LEGAL POSITION:
[11] The application for leave to amend the particulars of claim and to join further
parties to the action, inevitably raise new issues for the court to decide.
[12] The mere fact that the Plaintiff deemed it necessary to amend its original
particulars of claim, cries out prima facie as a concession that the exception has
good merit. The existence of an application for leave to amend does not
necessarily take away the exception.
[13] Notably, in response to the excipient's (Second Defendant) submission that the
Plaintiff failed to tender the cost of the exception, counsel for the Plaintiffs
submitted that the Plaintiffs intention, when it tendered the cost occasioned by
the amendment of its particulars of claim, was that same was to also include the
cost of the exception. However, the tender failed to specifically include the cost
of the exception.
[14] Accordingly, I make the following order:
1. The exception filed by the Second Defendant is upheld with cost, including
the cost occasioned by the employment of two counsel to be taxed on scale
C;
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2. The Plaintiff is granted leave to proceed with its application to amend its
original particulars of claim.
ACTING JUDGE
HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
This Judgment was handed down electronically by circulation to the Plaintiffs
legal representatives and the Defendants by email and by being uploaded to
CaseLines. The date and time for the hand down is deemed to be on 3 February
2026
Appearances
Counsel for the Excipient: Adv NGO Martiz SC
Adv Majozi
Instructed by: Boman Gilfillin Inc
Appearance for Plaintiff: Adv JD Maritz SC
Adv PL Uys
Plaintiffs' attorneys: Savage Jooste & Adams Inc
Date of Hearing: 7 November 2025
Date of Judgment: 3 February 2026
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