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[2026] ZAGPJHC 927
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Jubase v Minister of Justice and Correctional Services (2024/032887) [2026] ZAGPJHC 927 (19 August 2026)
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REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
Case
Number: 2024-032887
1.
Reportable: No
2.
Of interest to other judges: No
3.
Revised
WRIGHT
J
19
August 2026
In the matter between:
SAKHUMZI
JUBASE
PLAINTIFF
and
MINISTER
OF JUSTICE AND CORRECTIONAL SERVICES
DEFENDANT
JUDGMENT
WRIGHT J
1.
The plaintiff, Mr
Jubase, in these claims for damages takes the preliminary point that
advovate M Ndluli, who appears for the defendant,
instructed by the
State Attorney is not validly appointed because of alleged
non-compliance with procurement requirements. I dismissed
the point
as without substance. Ms Ndluli had stated that she appeared for the
defendant as instructed by the State Attorney.
2.
The trial could not
proceed as:
2.1. There has been no
mediation.
2.2.
Rule 18(10) of the Uniform Rules, which requires that claims for
damages
be set out in
reasonably sufficient detail to enable the defendant to access the
quantum thereof has not been complied with.
2.3. The summons is
difficult to read and appears to be clearly excipiable.
2.4.
The record of the proceedings in the Magistrate’s Court in
which Mr
Jubase was
convicted of culpable homicide and sentenced to a term of
imprisonment is not presently available.
2.5
A special plea
relating to non-compliance with statutory notice
requirements is not itself ready to
be heard.
2.6.
Two other related actions against the Minister of Police and the
National Prosecuting Authority are apparently coming up for
trial and
almost certainty need to be consolidated with the present action.
ORDER
1.
Removed, costs
reserved.
2.
Witnesses subpoenaed
are excused.
WRIGHT
J
Heard
19 August 2026
Delivered
19 August 2026
Appearances
Plaintiff
Mr Jubase Sakhumzi
[email protected]
050 055
3230
Defendant
Adv M Nduli
Instructed by
State
attorney
[email protected]