IN THE HIGH COURT OF SOUTH AFRICA 
(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between:
INDUSTRIAL DEVELOPMENT CORPORATION 

and

JUDGMENT

I shall provide more comprehensive reasons if required. But as I have already indicated in debate with counsel, the application for the stay of the trial, based on the application for rescission of a default judgment, which was granted against the company (Dynasty Textiles (Pty) Limited) raises the question whether the defendants in the present application will be prejudiced if the default judgment which was granted, is not rescinded.   The basis for this approach, as I understand it, is firstly that the continued existence of the default judgment against Dynasty Textiles (Pty) Limited would preclude the defendants in the present application from raising defences of prescription and other defences of which content at this stage I am not entirely clear.

At this point I should say that disturbing features of the present justice system in South Africa, are incessant delays. Of course, parties have rights to bring interlocutory applications and to pursue their rights, but Courts have to be careful to balance those rights against the rights of the other side to have access to justice in terms of section 34 of the Constitution of the Republic of South Africa Act 108 of 1996.

In this case, the correct balance will be struck as follows. Plaintiffs will not be allowed, in terms of their concession, to raise the fact that default judgment is an answer to any defence that may be pleaded. To the extent that the defendants wish to reconsider what further defences they may wish to plead, since I propose to commence the trial on Monday, there is ample time for this to be done. The rescission application can then be heard at a time which would be convenient for the parties. In this way, I seek to protect the defendants' rights, so that they will be able to ensure that any defence which can be raised, which would justify a dismissal of the action brought against them, could be properly aired and considered. On the other hand, plaintiffs' desire, after six years, to have its case brought before the Court and heard will also be guaranteed.