Dlamini v Minister of Police (2019-20883) [2024] ZAGPJHC 1728 (21 May 2024)


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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG


Case NO: 2019-20883

Shape1

(1) REPORTABLE: No

(2) OF INTEREST TO OTHER JUDGES: No

(3) REVISED



21 MAY 2024 _________________________

WRIGHT J







DATE SIGNATURE













In the matter between:


THANDO WILLIAM DLAMINI Plaintiff


and



THE MINISTER OF POLICE Defendant


JUDGMENT



WRIGHT J

[1] The matter is not ready to proceed.

[2] The defendant needs to amend the special plea and may want to amend the main plea.

[3] There is a partly heard criminal trial pending which is very closely related to the present case.

[4] The plaintiff never took any steps to except to the plea or raise with the defendant the question of the special plea.

[5] In the circumstances, by agreement, the matter is to be postponed sine die.

[6] On the question of costs, there are too many variables and fingers are pointed in both directions.

[7] It would be unwise to attempt now to apportion blame for the lack of readiness.




Order


[1] Sine die, costs reserved.



___________________

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg



HEARD : 21 May 2024

DELIVERED : 21 May 2024



APPEARANCES :

Plaintiff Adv R S Sibara

082 511 6219

advocatesibara@rsabar.com

Adv K H Mpshe

071 367 5567

Adv.khmpshe@gmail.com

Instructed by B H Taula & R Rikhotso

admin@bhtaulaattorneys.co.za

011 760 6674

083 978 6956

Defendant Adv Raesetja Eva Magongwa

Instructed by State Attorney

RPooe@justice.gov.za



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