High Court of South Africa Eastern Cape, Mthatha - 2013 September

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3 judgments

Citation	Judgment date
September 2013
Magwentshu v Minister of Safety & Security (2248 of 2012) [2013] ZAECMHC 18 (26 September 2013) Two notices of intention to defend by State Attorney and correspondent are not per se irregular; prejudice must be shown to set them aside. Civil procedure – Rule 19 and Rule 30(1) – State Attorney may employ correspondent – filing of two notices of intention to defend by State Attorney and correspondent not per se irregular – prejudice required to set aside procedural step – pending Rule 30(1) application suspends further pleadings.	26 September 2013
Matsapa Trading 562 CC v Constance and Others (2795 of 2011) [2013] ZAECMHC 33 (26 September 2013) "Institute action" in a time-limited order is satisfied by issuing summons, not by effecting service. * Civil procedure – interpretation of court orders – meaning of "institute action" – issue of summons constitutes institution of action, not service; * Where language is clear, order must be construed from its terms; extrinsic evidence only if ambiguity; * Authorities considered: Labuschagne, Mati, Himmelsein, Msomi.	26 September 2013
Mothibedi v Minister of Safety and Security and Another (1680 of 2009) [2013] ZAECMHC 17 (6 September 2013) Failure to inform and record arrestee's constitutional rights rendered an otherwise contested arrest unlawful. Criminal procedure — Arrest — s40(1)(a) Criminal Procedure Act; Road traffic offence — s12 National Road Traffic Act; Standing Order G341 — duty to inform arrestee of constitutional rights and to record same; non-compliance with procedural safeguards may render arrest unlawful; assessment of credibility and duration of detention.	6 September 2013