Case Law[2026] ZAGPPHC 4South Africa
Liberty Fighters Network and Another v Registrar of the High Court, Gauteng Division, Pretoria and Another (2022/030165; 2022/30280; 2022/030165) [2026] ZAGPPHC 4 (2 January 2026)
High Court of South Africa (Gauteng Division, Pretoria)
2 January 2026
Judgment
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# South Africa: North Gauteng High Court, Pretoria
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## Liberty Fighters Network and Another v Registrar of the High Court, Gauteng Division, Pretoria and Another (2022/030165; 2022/30280; 2022/030165) [2026] ZAGPPHC 4 (2 January 2026)
Liberty Fighters Network and Another v Registrar of the High Court, Gauteng Division, Pretoria and Another (2022/030165; 2022/30280; 2022/030165) [2026] ZAGPPHC 4 (2 January 2026)
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REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
CASE
NO: 2022/030165
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: YES
DATE
02/01/2026
SIGNATURE
In
the matter between:
LIBERTY
FIGHTERS NETWORK
1
st
Applicant
(A
voluntary association without gain-
Universitas
)
REYNO
DAWID DE BEER
NO
2
nd
Applicant
(
Nomine
Officio
Official of 1
st
Applicant)
and
REGISTRAR
OF THE HIGH COURT,
GAUTENG
DIVISION,
PRETORIA
1
st
Respondent
COURT
MANAGER OF THE HIGH COURT
GAUTENG
DIVISION,
PRETORIA
2
nd
Respondent
IN
RE:
Case
Number:2022/30280
In
the matter between:
LIBERTY
FIGHTERS NETWORK
1
st
Applicant
REYNO
DE
BEER
2
nd
Applicant
and
SOUTH
AFRICAN HEALTH PRODUCTS REGULATORY
AUTHORITY
Respondent
IN
RE:
Case Number: 2022/030165
In
the matter between:
LIBERTY
FIGHTERS NETWORK
1
st
Applicant
(Voluntary
Association without gain)
REYNO
DE
BEER
2
nd
Applicant
NICOLE
CANDICE LAWRENCE
3
rd
Applicant
BROTHERSIT
CC
(REG.
NO.
2007/133663/23)
4
th
Applicant
and
SOUTH
AFRICAN RESERVE
BANK
1
st
Respondent
MINISTER
OF
FINANCE
2
nd
Respondent
NATIONAL
TREASURY DEPARTMENT
3
rd
Respondent
PRESIDENT
OF THE REPUBLIC OF
SOUTH
AFRICA
4
th
Respondent
FIRST
NATIONAL
BANK
5
th
Respondent
JUDGMENT: OPPOSED MOTION
(The
matter was heard in Court 6/B in open court on 28 October 2025.
Judgment was reserved after hearing all parties’ arguments
and
the parties were informed that judgment will be delivered when ready
by uploading thereof onto the electronic file of the matter
on
CaseLines. The date of uploading onto CaseLines is deemed to be the
date of the judgment.)
BEFORE:
HOLLAND-MUTER J:
[1]
The matter allocated to this court on the Duty Roster for Judges for
the 4
th
term 2025 as the special motion court (3
rd
court). The Duty Roster appears at the end of a term for the next
term setting out the allocations of judicial work for the judges
for
the following term. The drafting of the Duty Roster and the
allocation of Judge/Judges is the prerogative of the Judge President
of the division.
[2]
The second respondent, Mr De Beer, objected to the application being
heard by this court sitting as a single judge because he
apparently
requested hearing by a full court from the Deputy Judge President.
After deliberation, this issue was resolved. De
Beer’s
next objection was not to address the court in the usual way as “My
Lord” because according to his religious
belief he addresses
only the Almighty in such way. To minimise potential conflict, I
invited him to address the court as “Mr
Justice’”.
He started off as requested but very soon continued by merely
addressing the court as “Judge”.
To avoid any
further objections or other issues with De Beer, he was allowed to
continue to address the court as “Judge”.
The underlying
reason for the court’s latitude was that during preparation for
the application, the court became aware of
his continuous
contemptuous conduct towards the judiciary with reference to the
matter of
Minister of Co-Operative Governance and Traditional
Affairs v De Beer and Another (Case no 538/2020)[2021] ZASCA 95 (I
July 2021).
The admonishment of De Beer by the Supreme Court of
Appeal in that matter does not seem to be taken to heart by De Beer.
[3]
The application before this court is a culmination of litigation
between the applicant(s) and the respondents in two previously
determined applications under case numbers 2022/30280 and
2022/030165. I will refer to these matters as the
SARB
and the
SAHPRA
matters. De Beer further referred to other matters with
similar “problems” but elected to continue with the two
mentioned
matters. The other matters complained about by De Beer was
referred to on passing without any particularity thereto. De Beer did
not hesitate to inform the court that he was no stranger to court
procedures even though appearing in person. This was a further
issue
being labelled as a “layman”.
[4]
The present respondents are the Registrar and Court Manager of the
Pretoria High Court. The two officials elected not to oppose
the
application but the respondents from the two consolidated matters
under case numbers 2022/30280 (
SARB)
and 2022/03015
(SAHPRA)
filed opposing papers. This became a bone of contention by the
second applicant (De Beer) as to joinder procedure vs intervention
by
SARB and SAHPRA. De Beer took issue with the representatives of SARB
and SAHPRA procedurally for not formally applying for
intervention/joinder to the present application. This argument cannot
succeed as the applicants in its prayer 4 of the Notice of
Motion
moved for an order to consolidate the SARB and SAHPRA matters with
the present application. The applicants move for consolidation
resulting in SARB and SAHPRA being before this court. The applicants
Notice of Motion sets out the perceived consolidation in its
heading.
This non-joinder argument by De Beer is rejected.
[5]
The
SARB
matter involved the South African Reserve Bank while
the
SAHPRA
matter involved the South African Health Products
Regulatory Authority. The applicant elected to have the two matters
joined with
the present application.
[6]
The issue with the
SARB
matter was that the typed order
presented after the hearing incorrectly cited SARB (Reserve Bank) as
. The second complaint was
that not all the parties’ names were
reflected in the heading of the typed order. The typed order was
corrected by the clerk
of Van der Westhuizen J when approached by one
of the parties. The approach of Van der Westhuizen’s J clerk by
the opponents
was a further issue for De Beer. De Beer’s
objection was that the correction must be done on formal application
and not “informally”
via mail to the clerk. De Beer
levelled critique on this procedure by claiming that legal
representatives have far easier approach
of Judges to the detriment
of non-presented parties. The underlying inuendo is that Judges are
more open for approach by legal
parties if compared with non-legal
parties. This is void of any truth and amounts to another unjustified
attack on the judiciary.
[7]
The complaint with the
SAHPRA
matter is threefold namely (i)
that reference is made to “The Applicant” and not to the
First and Second Applicants
separately; (ii) a spelling mistake in
the full names of the Respondent SAHPRA and (iii) the capacity of
persons representing the
parties were faulty because it indicated
that De Beer as counsel while he was in person. It is important to
note that these errors
did not affect the material terms of the
judgment by Lenyai J. De Beer’s objection was that this amounts
to the clerk/registrar
to alter court orders which may be devastating
later. The misdirection in this argument is that it is non-material
typographic
mistakes corrected and what De Beer is unaware of that
clerks will not make such amendments without the particular judge’s
knowledge.
[8]
The position in the SARB matter reflects similar typo errors having
no effect on the material contents of the order granted
by Van der
Westhuizen J.
NOTICE
OF MOTION:
[9]
Prayer 1 of the Notice of Motion moves for condonation of
non-compliance with the Rules of Court, particular Rule 6(12)
regarding
urgency. The matter was enrolled on the urgent court role
for 13 May 2025 but was removed from the urgent roll and Deputy Judge
President Ledwaba was approached for a special allocation. The issues
of urgency and resulting costs were not addressed in the
urgent court
or at the meeting with DJP Ledwaba (as he then was). De Beer now
accused DJP Ledwaba of dragging heels for not attending
timeously to
the matter allegedly forcing De Beer to approach the then Judge
President Mlambo to request DJP Ledwaba to attend
to the request.
This outcry by De Beer is evident from one of the Emails he addressed
to the Judge President. There is no substance
in this allegation by
De Beer. This aspect needs no further attention but to state that
this in indicative of the attitude of De
Beer to cross swords with
the judiciary. This is but one example of De Beer insulting the
judiciary and practitioners.
[10]
I started by requesting De Beer to reply to certain questions posed
regarding the issue of
urgency
and costs. De Beer was
referred to the Practice Directive in Urgent matters exceeding the
page limits of 500 pages and the request
for a hearing exceeding one
day. There are direct prescripts that in such a matter the parties
must approach the DJP for a special
allocation before enrolling the
matter on the urgent roll. This did not happen and was the reason why
the matter was removed from
the urgent roll.
[11]
I repeatedly asked De Beer to explain why the applicants (as
represented by himself) dragged on since 15 October 2024 when
Lenyai
J granted leave to appeal in the SAHPRA matter until the end of April
2025 before issuing the urgent application. Six months
went by before
the urgent application was lodged. The urgency, if any, was
self-created and no explanation was given why the applicants
would
not be afforded substantial redress at a hearing in due course. See
Erasmus, Superior Court Practice 2
nd
Ed
D1 Rule 6-60.
He did not answer but kept on arguing around
in circles than to address the rather strait forward question posed
by the court
at least five times. I waited in vain for an acceptable
explanation why this conduct was not self-created urgency. The reason
for
debating the issue of urgency was to decide on the outstanding
cost issue for the urgent application. De Beer failed to give
any acceptable explanation and no acceptable explanation on urgency
was forthcoming from him. He tried to hide behind the
Plascon-Evans
Rule
arguing that because of the non-joinder by SARB and SAHPRA
resulted in inadmissible opposing papers and that the applicants were
unopposed before court and that the court had to accept its version.
This is a futile attempt by De Beer to circumvent his predicament
and
the argument has no merit. The only reasonable finding on urgency is
that it was self-created and had no substance to jump
the queue.
[12]
The next aspect discussed with De Beer was prayer 2 of the Notice of
Motion. The respondents requested the court to determine
whether De
Beer was authorised to litigate on behalf of the first applicant
(referred to as LFN). The averment in the prayer is
that De Beer was
nominated
by LFN to represent it. I requested De Beer
to produce any form of written authorisation/nomination by the
executive of LFN in this
regard. After a long evasive discussion by
De Beer he could not produce any written authorisation at all. He
tried to circumvent
the issue by stating that he was the president of
LFN (also no proof thereof) and that the constitution of LFN
authorises him to
litigate. There is no supporting proof that
De Beer is the president of LFN and that he was authorised to
litigate this specific
application on behalf of LFN. His attempt to
convince the court in this instance fell woefully short of any proof.
The fact that
he appeared in past matters representing LFN does not
authorise him to litigate in this matter. In the
SAHPRA
case
there was a document purporting to be authorization by LFN that De
Beer may represent it in that matter but it does not authorise
De
Beer in general. His argument is rejected.
[13]
In prayer 3 of the Notice of Motion the court is requested to grant
the applicants leave to bring this application in their
own
capacities as well as in the interest of the members of LFN
and
in the interests of the public in general. The failure to
obtain prior written authority from LFN has been dealt with supra.
There
is no proof of kind for De Beer to represent the members of LFN
in this application. No minutes of meetings of members authorising
him was forthcoming from De Beer. The next hurdle to cross is
authority to represent the public in general. This amounts to a
disguised class action on behalf of the public in general and
granting such relief will open the sluices of unimaginable litigation
in the alleged interest of public in general by opportunists. De
Beer’s vague unconvincing arguments takes this issue no
further. The question of representing the general public was dealt
with in the
Minister of Co-Operative Governance and Traditional
Affairs supra
and De Beer’s representation and expertise
was rejected.
[14]
The gist of the relief sought is to prevent the apparent gross
negligent conduct of the court personal (the Court Manager and
Registrar of the court and their personal) regarding alleged improper
documentation and alleged unilateral correction of final
court
orders. The gravemen of the De Beer’s complaints is that in two
separate matters (the SARB and SAHPRA matters) the
respondents
purported to unilaterally amend or reissue corrected orders without
judicial oversight. There is no evidence supporting
this argument.
[15]
De Beer stated under oath (in the founding affidavit) that the
conduct of the respondents was reckless whereby published court
orders without being formally declared invalid, unilaterally
corrected in a piecemeal fashion. De Beer’s tendency to
continuously
insult judicial personal (judges and clerks) has been
the subject of past comment as in
Minister of Co-Operative
Governance and Traditional Affairs (supra)
but it seems that this
has no effect on his conduct. The court will deal with other similar
issues below.
[16]
De Beer further argued that there was a misconception to what
constitutes a court order. He argued that the mere pronouncement
of
an order in court by the presiding judge does not in itself render
the order enforceable. Such order only becomes binding and
enforceable once it has been properly documented, signed by the
Registrar and sealed with the official seal of the court. This
argument has no merit.
[17]
De Beer further argued that the Registrar, who is not a judicial
officer, by altering or correcting a typed order without the
formal
intervention of the court, usurps judicial functions when purporting
to correct a typed order encroaching upon judicial
functions. This is
impermissible because the Registrar is not the court. He however
counter argues his own argument by stating
that the Registrar is not
expected to make any material errors. Again the argument lacks any
merit.
[18]
The constitutional attack by De Beer against the corrected court
orders is so vague and without any substance that it needs
little if
any discussion. On his own version the orders granted by Lenyai and
Van der Westhuizen JJ in the two matters are not
challenged. The
challenge is against the later documentation of the respective orders
to be invalid and unconstitutional, De Beer
argues that an order
pronounced by a Judge in court does not render that order
enforceable. It is only after the order is properly
documented,
signed by the Registrar and sealed with the official seal of the
court that it becomes enforceable. This is with respect
incorrect.
The documentation afterwards is only embodiment of the pronounced
order.
[19]
The interpretation of Rule 42 by De Beer leaves much to be desired
and he failed to note the contents of Rule 42(1)(b) of the
Uniform
Rules. This subrule empowers the court to
mero motu
rescind or
vary (b) an order or judgment in which there is an ambiguity, patent
error or omission. This enables a court to correct
a clerical,
arithmetical or other error in its judgment or order to give effect
to its true intention. This exception is confined
to the mere
correction of an error in expressing the judgment or order; it does
not extend to altering its intended sense or substance.
Erasmus
supra D1 Rule 42-29
and
S v Wells
1990 (1) SA 816
(A) at 820
C.
[20]
It is further clear from
Erasmus supra
that the High Court has
the inherent competence to correct an incorrect typed version of the
court order to correspond with the
order which was pronounced by the
court. A similar approach was followed in
Isaacs v Williams
1983
(2) SA 723
(NC)
and in
Firestone South Africa (Pty) Ltd V
Gentiruco AG
1977 (4) SA 298
(A) at 306-307.
The court there
dealt with the status of a court after pronouncing an order to be
functus officio
but as an exception thereto held that a court
may supplement or alter the order in respect of accessory or
consequential matters
not altering the material terms of the order.
If any error in a court order, whether non-material, has to be
formally enrolled
on the court rolls to correct non-material errors,
the result will be that the already congested court rolls will be
burdened with
trivial applications using precious court resources and
time that other matters will be enrolled on later days resulting in
what
De Beer tries to prevent and that is to ensure access to court
on the earliest possible time. Clogging the roll with these trivial
issues is not in the interest of justice and will counter section 34
of the Constitution to ensure timeous access to court for
real
disputes. De Beer’s relief sought is counter productive and
clearly without any foundation.
[21]
If the above is applied to the SARB and SAHPRA cases the correct
finding will be that the correction of the typed versions
of the
orders after the order s were granted in court is justified and in
line with the practice as set out in Rule 42 (1) (b)
and the relevant
case law. The argument by De Beer is unconvincing and his
constitutional challenge cannot succeed. If what he
proposes is
granted it would result in an administrative minefield for court
personal. The court is further not convinced that
the mere typing and
subsequent corrections to a typographical error qualifies as an
administrative decision. The typing of the
order does not amount to
an administrative decision subject to a review as envisaged in Rule
53 and the provisions of The
Promotion of Administrative Justice Act
3 of 2000
.
[22]
Returning to the Notice of Motion the relief sought in prayers 5 to 9
is still born. The corrected typographical errors do
not amount to
administrative action of kind and no relief is granted.
[23]
The relief sought in prayer 10 of the Notice of Motion is superfluous
in that is what the administrative personal in the Office
of the
Registrar and Court Manager ought to do when issuing typed version of
court orders from the different courts. The further
attempt to engage
with the management of the Equality Court, Tax Court or any other
statutory forum regarding the performance of
office duties has no
merit. This court cannot prescribe to these courts directives
concerning those courts functioning. Such proposed
directives as to
correctly complete orders regarding citations, accurate reflection of
the orders and other is another unsuccessful
attempt to be
prescriptive to officials. The request is refused.
[24]
The interdict sought in prayer 11 of the Notice of Motion is refused.
To obtain an interdict the applicant has to allege and
prove certain
requirements for an interdict. There is nothing in the founding
papers justifying such relief. De Beer is referred
to
Erasmus
supra D6-1 and further
on interdicts in general. It would serve
the purpose to acquaint himself with the requisites for a final and
interlocutory interdict
and what needs to be alleged and proved.
There is no indication of irreparable harm suffered by De Beer. He is
the author of his
own demise by stalling the process to correct the
non-material errors on the typed court orders. The applicants do not
make any
case for the granting of an interdict or to prohibit the
Registrar and Court Manager to have non-material errors in typed
court
orders corrected.
Rule 42(1)(b)
and the relevant case law is
clear that what the clecks have been doing is not illegal nor
unconstitutional.
[25]
The balance of the relief sought in prayers 12 to 15 is superfluous
because that it what the administrative court personal
is doing all
along. As held supra, the actions by the court personal do not amount
to any administrative action subject to review.
It is correct that
the matter was enrolled as a special motion but that does not elevate
the application in importance. The reason
was the non-compliance with
the directive on volume. All applications are important to the
individuals involved but this does not
elevate this application to be
more important than other applications.
COSTS:
[26]
The normal rule is that costs follow success. There is no reason why
that should not apply in this matter. The argument by
De Beer in par
[par 35] of his heads of arguments that there was a selective
targeting of the applicants’ representatives
amounting to
unconstitutional discrimination and undermines the right to access to
court is without any foundation. To further
argue in par [44] the
representatives try to shield themselves from potential
accountability and misconduct is completely void
of any truth. The
allegation that their conduct is a misuse of public funds in pursuing
personal vendettas is as far as the west
apart from the east.
[27]
These allegations, rounded off in par [46] of the heads of arguments
that the attorneys mislead the court regarding their clients’
positions and their participation in the es proceedings without
formal authority, is indicative of the unacceptable conduct of
De
Beer. He is the reason for the matters delay by his frivolous conduct
contesting the correcting of non-material aspects in the
orders.
[28]
It was mentioned supra that the conduct of De Beer leaves much to be
desired. He was very generous in his insults to all who
disagree with
him. He constantly accused the Registrar and the Office Manager of
gross negligence, reckless approach to the documentation
of court
orders, their misconception of what constitutes court orders, invalid
conduct, etc. his conduct is unbecoming.
[29]
I fail to find that the relief sought will enhance the provisions of
sections 33 and 34 of the Constitution. There is nothing
unlawful or
procedurally unfair in the way that typographical and similar errors
in court orders are corrected. The present way
of correcting orders
as provided for in Rule 42(1)(b) is to ensure legal clarity and
certainty. De Beer accuses
SARB
and
SAHPRA
of
interjecting themselves in these proceedings to obscure their own
irregularities and delaying the applicants’ progression
towards
a full court appeal. the facts are clear that the opposite is true.
[30]
It was mentioned supra that De Beer accused DJP Ledwaba of dragging
heels for not allocating a date for hearing. He bemoaned
his position
with the previous JP Mlambo in this regard. He levelled accusations
against Van der Westhuizen J at the JSC. He will
leave no stone
unturned to raise his objections. He objected to this court hearing
the application in the 3rd court and not by
a full court of the
division.
[31]
it was necessary to request him on several occasions during address
not to interrupt the court but to listen to questions posed.
He
clearly overstepped all boundaries during address to “warn”
Advocate Berger appearing obo SAHPRA that he, De Beer,
will
personally oppose any application by Mr Berger should he appear
before the JSC for consideration of appointment to the bench.
This
was done in open court in the presence of Mr Berger’s junior,
Advocate Ncloko, and Advocate Kromhout appearing obo SARB.
He was
requested to withdraw this allegation, but it is illustrative of De
Beer’s disrespect the judiciary and others.
[32]
His final complaint was that he is referred to as a “layman”.
This was not done during these proceedings but in
the SCA in the
matter of
Minister of Co-Operative Governance and Traditional
Affairs (supra).
He was taken to task in that judgment that his
unjustifiable defamatory scurrilous utterances against judicial
officers will not
be tolerated. He seems not to take this advice to
heart.
[33]
De Beer bemoaned the situation that, in view thereof that he was
referred to as a “layman”, like all other persons
appearing without legal representation, he found it more difficult to
engage with the office of a judge and that legal representatives
had
an almost straight door off access. This is not true. All parties
have access to a judge via the judge’s cleck. This
is again
indicative of De Beers disrespect for the judiciary. In the matter of
SARB all communications with the cleck of Vander
Westhuizen J’s
cleck was via E-mail copying the other party. This is another example
of De Beer’s attitude.
[33]
Having considered all aspects above the court is of the view that the
applicants be ordered to pay the costs of the respondents
inclusive
of counsels’ fees.
ORDER:
1.
The application (dated 1 May 2025) is dismissed.
2.
The applicants is to pay the costs of the respondents SARB and SAHPRA
on an attorney-and-client-scale
on the appropriate scale “B”,
including the costs of two counsel where employed.
3.
The applicants are to pay the wasted costs of both respondents SARB
and SAHPRA of the earlier urgent
application on 13 May 2025 on a
party-and-party scale on scale “B”, the costs of two
counsel included where appointed.
Signed
at Pretoria on January 2026.
HOLLAND-MUTER
J
Judge
of the Pretoria High Court
APPEARANCES:
APPLICANTS:
R de Beer (in person)
RESPONDENTS:
SARB Advocate E
Kromhout
SAHPRA:
Advocate J Berger and Advocate Y
Ncloko
DATE IN COURT:
28 October 2025 (Judgment
reserved)
DATE DELIVERED:
2 January 2026 (On Electronic
file on CaseLines)
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