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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

 

CASE NO: 2022/23339

1. Reportable: 

2. Of interest to other judges:

3. Revised:

10 September 2024

 

In the matter between:

 

P[...] M[...] OBO MINOR M[...] D[...] M[...]	Applicant
and
MRS NOMANTU NKOMO-RALEHOKO (MEC)	1st Respondent
MEC FOR HEALTH GP DEPARTMENT OF HEALTH	2nd Respondent
MR MHAWUKELWA KHOZA, LEGAL OFFICER (MEC)	3rd Respondent
PREMIER OF GAUTENG PROVINCIAL GOVERNMENT	4th Respondent
MINISTER OF POLICE	5th Respondent
NATIONAL COMMISSIONER OF THE SOUTH AFRICAN	6th Respondent
THE STATE ATTORNEY JOHANNESBURG	7th Respondent

JUDGMENT

WRIGHT J

 

1.  In this action against the MEC for Health, the merits have been conceded.

 

2.  The plaintiff seeks now urgently to hold the MEC in contempt of an earlier court order and that she be sentenced to 2 years’ jail.

 

3.  The earlier order relates to trial readiness.

 

4.  The nub of the present dispute today is that the defendant did not deliver expert reports by 20 August 2024.

 

5.  Also sought is an order that an interim payment of R13 000 000 be made urgently.

 

6.  Related relief is sought.

 

7.  The opposition includes an application by the MEC, seeking condonation for failing to adhere to the court order that the MEC take certain steps regarding preparation for trial on 2 March 2026. That application is in the pipeline.

 

8.  The plaintiff’s attorney, it is common cause, has set the trial down for hearing on that date.

 

9.  On 23 March 2024, the defendant wrote to the plaintiff’s attorney, requesting that the threatened urgent application be held back as the defendant needed funds to secure the reports of experts.

 

10.  Despite the request, the present urgent application was launched on 29 August 2024.

 

11.  This case, like many others is awaiting trial a long time in the future. Much needs to be done between now and trial to get the matter trial ready.

 

12.  In my view, it would be unwise to hear the present application when there is, in the pipeline, an application by the present respondent/defendant, seeking condonation.

 

13.  In my view, there is no urgency in the matter.

 

ORDER

 

1.  The application is removed, costs reserved -

 

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

 

HEARD DELIVERED	:10 September 2024 :10 September 2024
APPEARANCES:
Applicant Instructed by	Adv Mashilane mashilane@gmail.com 071 987 7549 Malatji S Attorneys 071 913 4180 malatjislegalpractitioners@gmail.com
Respondent Instructed by	Adv Dlamini MBA Inc Attorneys aristidis@mbaincorporated.gov.za 011 463 9401

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