IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG

CASE NO: 899/2020
1. Reportable:  No
2. Of interest to other judges: No
3. Revised    

17 February 2025   ________________   
WRIGHT J            SIGNATURE

ANGLO AMERICAN EMEA SHARED 
SERVICES (PTY) LTD						First Applicant

ANGLO AMERICAN SERVICES (UK) LTD.			Second Applicant

And

LIMPOPO PROPELLERS CC					Respondent

In Re:

ANGLO AMERICAN EMEA SHARED 
SERVICES (PTY) LTD						First Plaintiff

ANGLO AMERICAN SERVICES (UK) LTD			Second Plaintiff

And

POXX ENTERPRISES (PTY) LTD				First Defendant

LIMPOPO PROPELLERS CONSULTING CC			Second Defendant

JOSHUA MACHUTE RAPOO					Third Defendant

PATRICK TEBOGO RAPOO					Fourth Defendant

THAMMY SEKGOBELA						Fifth Defendant

LE -THA-NELLY KGWEBO A TIRO (PTY) LTD			Sixth Defendant

BAIPUSHI CIVIL AND ELECTRICAL (PTY) LTD		Seventh Defendant

FIRST RAND BANK LIMITED 
T/A FIRST NATIONAL BANK					Eighth Defendant

ABSA BANK LIMITED						Ninth Defendant

JUDGMENT

WRIGHT J 

1.	The applicant companies instituted action against a number of defendants.

2.	The second defendant, now the present respondent, Limpopo, filed a plea. Later the applicants’ attorneys sought discovery by the respondent. Such was not  forthcoming and on 20 February 2024 this court ordered discovery by the respondent within five days. The order allowed the applicants to approach the court for a striking out of the respondent’s defence. Discovery was not forthcoming.

3.	A striking out application was launched on 6 March 2024. The applicants sought the striking out of the defence and judgement for the money amounts claimed in the action.

4.	The striking out application and the documents preceding it were all served timeously on the respondent’s then attorneys. These attorneys withdrew as attorneys of record on 19 April 2024.

5.	On the day of the hearing, 31 July 2024, Mr Makaepea, apparently the moving force behind Limpopo, appeared personally. The judge hearing the matter postponed the application to afford the respondent an opportunity to oppose the application.

6.	New attorneys came on board for Limpopo and an answering affidavit was filed. It is conceded in this affidavit that there was proper service of all documents hitherto. It is stated vaguely that Limpopo was let down by its former attorneys.

7.	To date, there is still no compliance with the order of 20 February 2024. The only inference to be drawn is that Limpopo is not serious about litigating as it should. 

8.	At the last minute, Ms Malungani appeared for the respondent.

9.	She was briefed only yesterday. The matter is not ready for hearing.

10.	Ms Malungani undertook on behalf of her client that it would discover by 4pm on 27 February 2025.

ORDER

1.	The matter is removed.
2.	The second defendant is to pay the wasted costs on scale C.

GC Wright 
Judge of the High Court 
Gauteng Division, Johannesburg

HEARD		17 February 2025	
DELIVERED:	17 February 2025

APPEARANCES:

Applicants		Adv Mark Smit
			marksmit1900@gmail.com 
			082 330 1808 
Instructed by	Cliffe Dekker Hofmeyr
			011 562 1148 / 072 037 0082
			Corne.Lewis@cdhlegal.com / Nishan.Pillay@cdhlegal.com 

Respondent 	Adv T Malungani

Instructed by 	 CHAYYA ATTORNEYS
			015 295 9626
			arshad@chayyaattorneys.co.za