Summary

Recusal application – prosecutor absenting himself from court proceedings without leave of court and attends to another case without knowledge of court – application for postponement filed by the DPP because  of absence of prosecutor – misleading information placed before court in support of such application – prosecutor being the source of such information – another prosecutor appointed – previous prosecutor disqualified from appearing in the case – remarks disapproving manner in which the Crown counsel conducted himself – whether the disqualification of the prosecutor and remarks made in course of proceedings constitute reasonable apprehension of bias – ethical obligations of prosecutors – Speedy Court Trials Act, 2002, sections 5(1), 9(4) and 12(4)

     SUMMARY

CIVIL PRACTICE: Applicant lodging an application in circumstances where material dispute of facts reasonably foreseeable- Application dismissed on this basis alone, with costs.

SUMMARY:

Application – Application to suspend execution of Minister’s decision to terminate mining lease – whether it’s a prayer for specific performance or temporary interdict – Prayer for specific performance has its foundation from breach of contract which must be pleaded – A prayer mischaracterised and refused absent some of the requirements of temporary interdict.

SUMMARY

CIVIL PRACTICE: Application for summary judgment- whether it is permissible for the applicant to lodge same after the respondent had filed the plea- Held, it is permissible to do so, - Respondent failing to show that she has a bona fide defence, summary judgment granted with costs.

Summary

Ex parte application – applicant failing to be ultra – scrupulous in obtaining interim relief and pursuing meritless application – such conduct attracting discharge of the rule nisi with punitive costs.

Tacit hypothec – principles discussed – failure to prove rentals owing – application dismissed.

Costs de bonis propriis – responsibility of Counsel towards Court vis a vis his client – Counsel mulct with costs for twisting the facts and assisting client to pursue unarguable case.  

RULING

Condonation application - For failure by applicant to file summons against a Government Ministry within two years - Court constrained by Section 6 of the Government Contracts and Proceedings Act 4 of 1965 - Condonation application dismissed for being brought out of time.

SUMMARY

Application for late noting of the appeal- Appellant waiting for reasons, when order of the Court is available- Appeal is against an order and not reasons- filing of appeal delayed by lack of confidence that there were prospects of success- No plausible reasons in support of condonation and no prospects of success- condonation refused.

SUMMARY

Practice -  Parties -  Joinder of parties - When required -  Necessary parties - Another party to dispute should be joined - Appeal - Appeal Court taking point of non-joinder mero motu - Form of order.

SUMMARY

Application for rescission – The Respondent having been dismissed from work by the 1st Applicant – The 1st Applicant having been the Principal Secretary of the 3rd Applicant – The 4th Applicant having been the lawful representative of the Applicants – The Respondent having instituted an application for review against her dismissal on the ground of having been irregularly conducted – The Applicants having not answered the application but proposed a settlement – The Applicants having not appeared before Court on the date scheduled for submission of the deed of settlement – The proposed deed of settlement not having brought before Court – The time for filing answering affidavit having been elapsed – The Court having granted the application as prayed for in the Notice of Motion – The Applicants having consequently instituted the present application for rescission through a counsel working for the 3rd Applicant. 

Held:

1. The counsel for the Applicants have no authority to represent them since his letter of appointment refers to a different case from the one before Court;
2. The Applicants failed to establish the elements for the application for rescission;
3. The application for rescission is dismissed with costs at an attorney and client scale.