Democratic Alliance and Others v Mkhwebane and Another (1370/2019) [2021] ZASCA 18 (11 March 2021)

Uniform Rule 35(12) – production of documents to which ‘reference is made’ in pleadings or affidavits – meaning of – includes reference in annexures – not reference to documents by inference – excludes supposition – document sought must be relevant in relation to issues that might arise – different from relevance to issues that are circumscribed after the close of pleadings or after all affidavits have been filed – onus discussed – document material to timeline in relation to defamatory statements relevant and compellable