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JUDGMENT
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WRIGHT J
1. The plaintiff, Mr Jubase claims for damages from the defendant Minister.
2. Mr Jubase, self-representing, has apparently prepared his own papers. They
do not make for easy reading. Recently, Mr Jubase appeared before me in a
matter set down for trial. That case is an action against the Minister of Justice
and Constitutional Development in which Mr Jubase claims damages. There
is apparently a third action pending, against the National Prosecuting
Authority.
3. In the action against the Minister of Justice and Constitutional Development
Adv M Ndluli appeared for the Minister. In the present action, Adv L Msomi
appears for the Minister of Police.
4. I gather, from what I am told from the Bar and from attempting to read the
online court file, that on 31 October 2018 a four year old girl was killed when a
car was driven backwards and the girl was hit when she was standing next to
her mother. I gather that Mr Jubase was arrested as the driver, spent perhaps
about two weeks in custody and was in due course charged in the
Magistrates’ Court with culpable homicide and drunken driving. He was
apparently convicted, after a trial in which he apparently pleaded not guilty, on
both counts and sentenced to eighteen months’ imprisonment for the culpable
homicide and to a fine of R5 000 for the drunken driving. It appears that all
attempts to appeal have failed. I was told from the Bar in the previous case
that these attempts at appeal include findings against Mr Jubase in the
Supreme Court of Appeal and the Constitutional Court.
5. Broadly speaking, it appears to be Mr Jubase’s case that he is owed well over
R20 million by the three different defendants arising out of the events I have
referred to above. I gather that it is Mr Jubase’s case that he was not driving
his car at the relevant time and that numerous persons lied, leading to his
convictions and sentences.
6. Having read the particulars of claim in the present case and in the action
against the Minister of Justice and Constitutional Development I do not readily
discern causes of action.
7. During the hearing recently in the other case I asked Mr Jubase if the record
of proceedings in the Magistrates’ Court was available. He seemed to indicate
that it was not. It would however appear that at least part of that record, if not
the entire record is on the e-file for the present case.
8. In the recent case, I handed down typed, signed reasons for removing that
case from the roll.
9. To save the reader the tedium of looking for those reasons I repeat them
here.
10. “ 1. The plaintiff, Mr Jubase, in these claims for damages takes the
preliminary point that advocate 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
assess 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. “
11. Similar considerations appear to apply in the present case.
12. However, Mr Jubase seeks my recusal from the present case. He asked
ADJP Modiba, in an email, to allocate another Judge. He did not copy the
State Attorney on this correspondence or on an email to my clerk. ADJP
Appearances
Plaintiff Mr Sakhumzi Jubase
directme58@outlook.com
050 055 3230
Defendant Adv L Msomi
Instructed by State attorney
mkhampha@justice.gov.za