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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

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