Minister Of Police v Zwane (2023-113346) [2023] ZAGPJHC 1254 (2 November 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2023 >> [2023] ZAGPJHC 1254 | Noteup | LawCite sino index ## Minister Of Police v Zwane (2023-113346) [2023] ZAGPJHC 1254 (2 November 2023) Minister Of Police v Zwane (2023-113346) [2023] ZAGPJHC 1254 (2 November 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_1254.html sino date 2 November 2023 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG CASE NO: 2023-113346 NOT REPORTABLE NOT OF INTEREST TO OTHER JUDGES REVISED 02/11/23 In the matter between: MINISTER OF POLICE APPLICANT And ZWANE, KATLEGO PHOKA RESPONDENT JUDGMENT WRIGHT J 1. The respondent issued summons against the present applicants claiming damages for wrongful arrest and malicious prosecution. The matter was defended by the State Attorney. A plea was filed. 2. The defence was later struck out for want of compliance with two court orders. The matter is set down for a default judgment hearing tomorrow, 3 November 2023. 3. The Applicants seek now urgently to stay the default judgment hearing pending the finalization of a rescission application by the applicants in which they seek to rescind the two orders. 4. The person at the State Attorney who was dealing with the matter passed away. This forms the basis of the rescission application. In that application affidavits have been swopped and the matter awaits a hearing. 5. The respondent, perhaps not unreasonably, complains of long delay by the applicants in the matter generally. 6. There are various disputes of fact, but in my view, it is in the interests of justice that the default judgment hearing be stayed pending the outcome of the rescission application. ORDER 1. The application for default judgment is postponed pending the finalization of the rescission application. 2. Costs reserved. GC Wright Judge of the High Court Gauteng Division, Johannesburg HEARD : 2 November 2023 DELIVERED : 2 November 2023 APPEARANCES : APPLICANTS Adv Mawila J Mawila@gmail.com 079 098 8953 Instructed by State Attorneys gmadikgetla@justice.gov.za RESPONDENT  Adv Ikechukwu Nwakodo ike.sleekkonzult@com 083 713 6851 Instructed by Okafor M A Attorneys info@omalaw.co.za 081 723 2442 sino noindex make_database footer start