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2026
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[2026] ZAGPJHC 277
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Nkosi v PRASA (097424/2025) [2026] ZAGPJHC 277 (12 March 2026)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO
: 097424/2025
DATE
:
12.03.2026
(1)
REPORTABLE: NO
(2) OF INTEREST TO
OTHER JUDGES : NO
(3) REVISED
SIGNATURE
DATE: 12 March 2026
In the matter between
KATE
NKOSI
Applicant
and
PRASA
Respondent
JUDGMENT
EX TEMPORE
WILSON,
J
: This is an
application to rescind a judgment granted against the applicant, Ms
Nkosi, in favour of the respondent,
the Passenger Rail Agency of
South Africa (“PRASA”). In its answering affidavit
PRASA stated that it did not
oppose the rescission. Its only
difficulty was with the costs order sought against it. That was
the final position that had
been placed on record in an affidavit
that was uploaded yesterday afternoon.
This
morning counsel for PRASA stood up and, without reference to the
answering affidavit, submitted that PRASA wishes to oppose
the
application on its merits.
This
obviously amounts to an attempt to withdraw the concession of the
merits of Ms. Nkosi’s case in PRASA’s answering
affidavit. Such a withdrawal is impermissible without a substantive
application do so, supported by an affidavit setting out under
oath
the circumstances under which the concession was made, and the
reasons why the concession is now being withdrawn. Failing
that, an
application to postpone these proceedings could have been brought to
permit an application to withdraw the concession
to be drafted and
served.
For
reasons best known to him, counsel for PRASA decided to bring neither
application.
In
those circumstances, I must deal with the facts as they are on the
papers. On those facts, the rescission application is, save
in
relation to costs, unopposed. Ms Nkosi has in any event abandoned her
prayer for costs.
On the
papers, a proper case is made out, and there is no reason why I
should not grant the rescission. I do so in terms of the
draft handed
up by counsel, which I have signed, dated and marked X.
WILSON, J
JUDGE OF THE HIGH
COURT
12
March 2026