No In the Supreme Court of South Africa · In the Supreme Court of South Africa ... KINDLY TAKE NOTICE that Pleadings in this matter closed, the Defendant is hereby requested to attend

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COMBINED

SUMMONSCase No.:92/26556

In the Supreme Court of South Africa(WITWATERSRAND LOCAL DIVISION)

In the matter between:

BHAMU JOSHUA MDAKE

andBAL.5U — f

LANDDROSH MAGISTRATE'S COURT

THE MINISTER OF DEFfeNEl̂ Toria-wes / west

ONTVR E 6 n

1S92

Plaintiff.

Defendant.

To the sheriff or his deputy:INFORM

THE MINISTER OF DEFENCE, cited herein in his official capacity, as being the person legally responsible for the conduct of members of the South African Defence Force, c/o The Chief of the South African Defence Force,(Finance Division), South African Defence Force Headquarters, Dequar Road, Pretoria.

(hereinafter called the Defendant(s) ) thatBHAMU JOSHUA MDAKE, an adult male labourer, whose date of birth is 11 December 1954, resident at J18 Phola Park,TOKOZA.

(hereinafter called the Plaintiff(s) ), hereby institutes action against HIMin which action the Plaintiff(s) claim the relief and on the grounds set out in the particularsannexed hereto.

Hortors Stationery (JAN. 89) Form SC10-1

INFORM the Defendant(s) further that if Defendant(s) disputes/dispute the claim and wishes/wish to defend the action, the Defendant(s) shall -

(i) Within 1 month jia w o f the service upon the Defendant(s) of this summons,file with the registrar of this Court at Ro0m 007, Supreme Court B uilding P ritch ard S tr e e t , JOHANNESBURG.Notice of Defendant(s) intention to defend and serve a copy thereof on the Attorneys of the the Plaintiff(s). which notice shall give an address (not being a post office or poste restante) referred to in rule 19 (3) for the service upon the Defendant(s) of all notices and documents in the action.

(ii) Thereafter and within twenty days after filing and serving notice of intention to defend as aforesaid, file with the registrar and serve upon the Plaintiff(s) a Plea, Exception, Notice to strike out, with or without a Counter-claim.

INFORM the Defendant(s) further that if the Defendant(s) fails/fail to file and serve notice as aforesaid, Judgment as claimed may be given against the Defendant(s) without further notice to the Defendant(s), or if having filed and served such notice, the Defendant(s) fails/fail to plead, except, make application to strike out or counter-claim, Judgment may be given against the Defendant(s)

AND immediately thereafter serve on the Defendant(s) a copy of this Summons and return the same to the Registrar with whatsoever you have done thereupon.

DATED at JOHANNESBURG this 30th day of SEPTEMBER ^ 9 2

Registrar of the Supreme Court

NICHOLLS, CAMBANIS & SUDANO Attorneys of Plaintiff(s),23rd F lo o r , K ine C en tre 141 Commissioner S t r e e t JOHANNESBURG R ef. Ms C H N ic h o lls

\ L o

ANNEXURE "A"

PARTICULARS OF CLAIM

Plaintiff is BHAMU JOSHUA MDAKE, adult male labourer, whose date of birth is 11 December 1954, resident at J18 Phola Park, Tokoza.

Defendant is the MINISTER OF DEFENCE, cited herein in his official capacity, as being the person legally responsible for the conduct of members of the South African Defence Force, c/o the Chief of the South African Defence Force, (Finance Division), South African Defence Force Headguarters, Deguar Road, Pretoria.

On or about 8 April 1992, and at Phola Park, Tokoza, the Plaintiff was unlawfully assaulted, by a member, or members, of the South African Defence Force, acting within the course and scope of their employment with the Defendant.

As a conseguence of this assault, Plaintiff sustained injury as follows:- j4.1 broken left arm;

4.2 gaping wound on forehead;

4.3 lacerations on the back;

The disabilities suffered by plaintiff as a result of the injuries are as follows

5.1 temporarily unable to use left arm or hand, for a period not yet determined;

Page 2

6. As a result of the bodily injuries sustained, Plaintiff has suffered damages in the amount of R60 000,00.

7. Such damages are computed as follows

PAIN AND SUFFERING AND LOSS OF AMENITIES OF LIFE AND CONTUMELIA

7.1 For pain and suffering, loss of amenities of life and contumelia, damages in the amount of R60 000,00.

8. In the premises Defendant is liable to Plaintiff in the amount of R60 000,00

9. Despite demand, Defendant fails or refuses to pay the above amount of any portion thereof.

WHEREFORE PLAINTIFF CLAIMS

i) the amount of R60 000,00.

ii) interest on the above amount at the rate of 18.5% per annum as from 14 days of date of judgment to date of payment.

iii) costs of suit;

Page 3

iv) further and/or alternative relief

DATED AT JOHANNESBURG THIS DAY OF SEPTEMBER 1992.

D JCOUNSEL FOR PLAINTIFF

NICHOLLS AND CAMBANIS PLAINTIFF'S ATTORNEYS 23RD FLOOR, KINE CENTRE COMMISSIONER STREET JOHANNESBURG REF: VS/PP/29

IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISIONCASE NO: 92/26556 P/H 308

NOTICE OF INTENTION TO DEFEND

STATE ATTORNEY888 ROYAL ST. MARY'S BUILDING 85 ELOFF STREET PRIVATE BAG X9 J O H A N N E S B U R G

888 ROYAL ST. MARY'S BUILDING 85 ELOFF STREET

PRIVATE BAG X9 J O H A N N E S B U R G

In the matter between

MDAKE BHAMU JOSHUA Plaintiff

and

THE MINISTER OF DEFENCE Defendant

BE PLEASED TO TAKE NOTICE THAT the abovenamed Defendant intends to

defend this action and has appointed the following address as the

address for the service upon him of all notices and documents in the

action:-

BUSINESS ADDRESS: S.A. DEFENCE FORCE HEADQUARTERS, DEQUAR ROAD P R E T O R I A .

DATED at JOHANNESBURG on this the day of OCTOBER 1992.

___/2

%

-2-

REFER TO: G. BOWEN REFER NO: 6664/92/P5/JC TEL NO: 29 2961

TO:The Registrar of the above Honourable Court J O H A N N E S B U R G

AND TO:PLAINTIFF'S ATTORNEYNICHOLLS, CAMBANIS, & SUDANO 23rd FLOOR, KINE CENTRE 141 COMMISSIONER STREET J O H A N N E S B U R G

REF: Ms C.H. NICHOLLS

COPY HEREOF RECEIVED ON THIS

THE 3r-z/ DAY OF OCTOBER 1992

For/PLAINTIFF'S ATTORNEY


(WITWATERSRAND LOCAL DIVISION)

Case Number : 92/26556


MDAKE. Bhamu Joshua Plaintiff

and

MINISTER OF LAW AND ORDER Defendant

DEFENDANT'S PLEA TO PLAINTIFF'S PARTICULARS OF CLAIM

1. AD PARAGRAPH 1 :

Save to admit that Plaintiff is Bhamu Joshua Mdake,

Defendant has no knowledge of the remaining allegations contained in this paragraph, accordingly denies same and

puts Plaintiff to the proof thereof.

2. AD PARAGRAPH 2:

Defendant admits the contents of this paragraph.

3. AD PARAGRAPH 3 :

Defendant denies the contents of this paragraph and puts

Plaintiff to the proof thereof.

4. AD PARAGRAPHS 4. 5. 6. 7 and 8 :

Defendant denies the contents of these paragraphs and puts

Plaintiff to the proof thereof.

5. AD PARAGRAPH 9 :

Defendant admits a demand and a failure or refusal to pay,

but pleads that Defendant is not legally liable to pay the

amount claimed or any portion thereof.

WHEREFORE Defendant prays that Plaintiff's claim be dismissed

with costs.

Page 2

DATED AT JOHANNESBURG ON THIS 2nd DAY OF DECEMBER 1992.

Page 3

STATE ATTORNEYDefendant's Attorneys 888 Royal St. Mary's Bldg 85 Eloff Street JOHANNESBURG Ref: Mr Bowen/

6664/92/P5 Tel: 29-2961

TO: THE REGISTRAR OF THE ABOVEHONOURABLE COURT JOHANNESBURG

AND TO: NICHOLLS & CAMBANISPlaintiff's Attorneys 23rd Floor Kine Centre Commissioner Street JOHANNESBURG Ref: VS/PP/29

Received copy hereof on the day of December 1992.

for: Plaintiff's Attorneys

WITHOUT PREJUDICETO RIGHTS

IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION)

CASE NO; 92/26556


MDAKE BHAMU JOSHUA Plaintiff

and


DEFENDANT'S NOTICE IN TERMS OF RULE 36 (4)

BE PLEASED TO TAKE NOTICE that the Defendant requires the Plaintiff in so far as he is able to do so to make available within 10 (ten) days

after service hereof to the former any medical reports, hospital

records, X-ray photographs or other documentary information of a like

nature relevant to the assessment of the damages of compensation in

respect of bodily injury alleged to have been suffered by the Plaintiff.

TAKE NOTICE FURTHER that the Defendant requires from the Plaintiff a

consent to inspect all hospital records relating to the latter and that

such consent should mention the hospitals1 reference numbers as well as

the dates on which the Plaintiff was treated.

DATED at JOHANNESBURG on this the day of NOVEMBER 1992.I

888 ROYAL ST. MARY'S BUILDING 85 ELOFF STREET PRIVATE BAG X9 J O H A N N E S B U R GREFER TO: G. BOWEN

TO: THE REGISTRAR OF THE REFER NO: 6664/92/P5/JCABOVE HONOURABLE COURT TEL NO: 29 2961J O H A N N E S B U R G

AND TO:PLAINTIFF'S ATTORNEYSNICHOLLS AND CAMBANIS 23rd FLOOR, KINE CENTRE COMMISSIONER STREET J O H A N N E S B U R GREF: Ms C H NOCHOLLS

COPY HEREOF RECEIVED THIS THE

\UdAY OF NOVEMBER 1992

For/PLAINTIFF'S ATTORNEY

WITHOUT PREJUDICETO RIGHTS

PH 466IN THE SUPREME COURT DF SOUTH AFRICA<WITWATERSRAND LOCAL DIVISION) CASE NO » 95/56556

In the matter between : - MDAKE■ Bhamu Joshua Plaintiff AND THE MINISTER OF LAW AND ORDER Defendant

REPLY TO NOTICE IN TERMS OF RULE 36(4)

BE PLEASED TO TAKE NOTICE that the Plaintiff hereby attaches

relevant medical records as requested by the Defendant.

DATED at JOHANNESBURG on this the z day of DECEMBER 1998,

TO : THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

NICHOLLS, CAMBANIS 8* SUDANOPLAINTIFFS’ ATTORNEYS 83RD FLOOR, KINE CENTRE 141 COMMISSIONER STREET JOHANNESBURG REF : VS/PP/89

AND TO : STATE ATTORNEYDEFENDANT’S ATTORNEYSBTH FLOOR, ROYAL ST.MARY’S BLDG85 ELOFF STREETJOHANNESBURGM R .BOWEN/6664/98/P5

Received copy hereof on this the (f-' day\_of DECEMBER 1998,

:OR 'sABEP^NlyANO SON9ER »'A

i| . .. 1932 -12- t P_ mf r a

| ■h’C/timc.......a t t n r N t ; V

S ATTORNEYS

PH 466IN THE SUPREME COURT OF SOUTH AFRICA(WITMATERSRAND LOCAL DIVISION)In the matter betweenMDAKE* Bhamu Joshua PlaintiffandTHE MINISTER OF LAM AND ORDER Defendant\

\•V

NOTICE IN TERMS OF RULE 37

KINDLY TAKE NOTICE that Pleadings in this matter having closed,

the Defendant is hereby requested to attend a conference at a

mutually convenient time and place with the object of reaching a

agreement of possible ways of curtailing the duration of the

Trial in this action and in particular as to all or any of the

matters mentioned in Rule 37(1)(a ) of the rules of the Above

Honourable Court.

DATED at JOHANNESBURG on this the ^ day of JANUARY 1993.

NICHOLLS, CAMBANIS,AND SUDANOATTORNEYS FOR PLAINTIFF 83RD FLOOR, KINE CENTRE 141 COMMISSIONER STREET JOHANNESBURG REF : VS/PP/S9

TO : THE REGISTRAR OF THE ABOVEHONOURABLE COURT

THE STATE ATTORNEY DEFENDANTS ATTORNEYS 888 ROYAL ST.MARY’S BUILDING 85 ELOFF STREET JOHANNESBURGREF : Mr .Bowen/666^/9E/P5

V

PH 466IN THE SUPREME COURT OF SOUTH ftFRICft(W.ITWATERSRAND LOCAL DIVISION) CASE NO s95/S6556In the matter between t - MDAKE» Bhamu Joshua andTHE MINISTER OF LAM AND ORDER

Plaintiff

Defendant

NOTICE IN TERMS OF RULE 37

KINDLY TAKE NOTICE that Pleadings in this matter closed,

the Defendant is hereby requested to attend a conference at a

mutually convenient time and place with the object of reaching a

agreement of possible ways of curtailing the duration of the

Trial in this action and in particular as to all or any of the

matters mentioned in Rule 37(1)(a) of the rules of the Above

Honourable Court.

DATED at JOHANNESBURG on this the S day of JANUARY 1993.

NICHOLLS, CAMBANfsr- AND SUDANOATTORNEYS FOR PLAINTIFF E3RD FLOOR, KINE CENTRE 141 COMMISSIONER STREET JOHANNESBURG REF : VS/PP/E9

TO : THE REGISTRAR OF THE ABOVEHONOURABLE COURT

*

£

AND TO : THE STATE ATTORNEYDEFENDANTS ATTORNEYS 888 ROYAL ST.MARY’S BUILDING 85 ELOFF STREET JOHANNESBURGREF : Mr . Bowen/666<+/98/P5

Received copy hereof on this

FOR : DEFENDANT’S ATTORNEYS






MINISTER OF DEFENCE Defendant

NOTICE OF INTENTION TO AMEND DEFENDANT’S PLEA

BE PLEASED TO TAKE NOTICE that Defendant intends to amend his Plea as follows:

1. By deleting the citation of the Defendant as "Minister of Law and Order" and by substituting it with "Minister of Defence".

2. By the addition of the following alternative to paragraph 3 of Defendant’s Plea (ad paragraph 3 of Plaintiffs Particulars of Claim):

"3.2 Alternatively and in the event c f it being fourid that the Plaintiffwas assault ed/that any physical act/s was/were committed against

the Plaintiff, as alleged or at all, by a member or members cf the South African Defence Force, then the Defendant pleads as follows:

3.2.1 In terms of Government Notice No. 13519, Proclamation No. R2242 c f 9 September 1991, the Minister c f Law and Order in terms c f Section 5A(1) c f the Public Safety Act, No. 3 of 1953, declared that public disturbance, disorder, riot and public violence were occurring or threatening in inter alia the Tokoza area, as demarcated and described in Government Notice No. 511 c f 10 April 1959, as amended, as from 9 September 1991. In terms cf Proclamation No. R2243,1991, cf 9 September 1991, the Minister c f Law and Order in terms of Section 5A cf the Public Safety Act proclaimed certain regulations ( " t h e

R e g u l a t i o n s " ) . Proclamations R2242 ai'id R2243 were valid and in force on 8 April 1992.

3.2.2 Regulation 12(1) c f the Regulations provides that no civil proceeding shall be instituted against any member of the Cabinet of the Republic c f South Africa or any member cf a Security Force by reason of any act in good faith advised, commanded, ordered, directed or performed by any person in the canying out of his duties or the exercise c f his powers or the performance c f his functions in terms of the Regulation as therein more fidly provided, with the intent to combat or to prevent public disturbance, disorder, riot or public violence or to maintain or to restore public order or for dealing with any circumstances which in his opinion have arisen or cue likely to arise as a result c f such public disturbance, disorder, riot or public violence or the combating or prevention thereof.

Page 3

3.2.3 The Defendant is a member of the Cabinet of the Republic of South Africa.

3.2.4 The member or members of the South African Defence Force, as alleged by the Plaintiff to have assaulted Plaintiff/committed physical acts against the Plaintiff, was a member/were members c f a Secwity Force, as provided for in the Regulations.

3.2.5 The place at Phola Park, Tokoza, where the assault/ physical acts allegedly took place, is a place where the said Proclamations were valid and binding as at 8 April 1992.

3.2.6 The assault cf/physical acts against Plaintiff was an act/were acts in good faith advised, commanded, ordered, directed or peiformed by a person or persons in the carrying out c f his/their duties or the exercise c f his/ their powers or the performance of his/their functions in terms of the Regulations, as more fully provided in Regulation 12(1).

3.2.7 In the premises the Plaintiff has no cause c f action as alleged and is not entitled to institute the said action."

The Defendant tenders the wasted costs (if any) occasioned by the proposed amendment and subsequent amendment, save for the costs of opposition thereof.

Page 4

BE PLEASED TO TAKE FURTHER NOTICE that unless objection in writing is made to the proposed amendment within ten (10) days, the Defendant will amend the pleading in question accordingly.

TAKE NOTICE FURTHER that if no objection in writing be so made, the Plaintiff shall be deemed to have agreed to the amendment.

Court, the Defendant shall within ten (10) days of the receipt of such objection, apply to Court on notice for leave to amend and shall set the matter down for hearing.

DATED AT JOHANNESBURG ON THIS 5th DAY OF MARCH 1993.

If objection be made within the said period in terms of Rule 28(4) of the Rules of

STATE ATTORNEYDefendant’s Attorneys 888 Royal St. Mary’s Bldg 85 Eloff Street JOHANNESBURG Ref: Mr Bowen/6664/92/P5 Tel: 29-2961

Page 5

TO:

AND TO:

THE REGISTRAR OF TH E ABOVE HONOURABLE COURT JOHANNESBURG

NICHOLLS & CAMBANISPlaintiffs Attorneys 23rd Floor Kine Centre Commissioner Street JOHANNESBURG Ref: VS/PP/29

Received copy hereof on this the . . J L day of March 1993.

__________________

for: Plaintiff’s Attorneys

WITHOUT PREJUDICE TO RIGHTS


rWITWATERSRAND LOCAL DIVISION)





NOTICE IN TERMS OF RULE 28(5)

TAKE NOTICE THAT:

(a) as the Defendant filed a Notice of Intention to Amend its Plea on 9 March

1993; and

(b) as no objection was made in writing to this said notice of amendment;

the Defendant hereby files the amended pages to its Particulars of Claim.

DATED AT JOHANNESBURG ON THIS 1st DAY OF APRIL 1993.

Page 2

TO:

AND TO:

STATE ATTORNEYDefendant’s Attorneys 888 Royal St. Mary’s Bldg 85 Eloff Street JOHANNESBURG Ref: Mr Bowen/

6664/92/P5 Tel: 29-2961

THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

NICHOLLS & CAMBANISPlaintiffs Attorneys 23rd Floor Kine Centre Commissioner Street JOHANNESBURG Ref: VS/PP/29

Received copy hereof on this the ..c)..... day of April 1993.

for: Plaintiff’s Attorneys

WITHOUT PREJUDICE tq RIGHTS






and


DEFENDANT’S AMENDED PLEA TO PLAINTIFF’S PARTICULARS OF CLAIM

1. AD PARAGRAPH 1:

Save to admit that Plaintiff is Bhamu Joshua Mdake, Defendant has no

knowledge of the remaining allegations contained in this paragraph, accordingly

denies same and puts Plaintiff to the proof thereof.

2. AD PARAGRAPH 2:

Defendant admits the contents of this paragraph.

AD PARAGRAPH 3:

Defendant denies the contents of this paragraph and puts Plaintiff to the proof

thereof.

3.2 Alternatively and in the event of it being found that the Plaintiff

was assaulted/that any physical act/s was/were committed against

the Plaintiff, as alleged or at all, by a member or members of

the South African Defence Force, then the Defendant pleads as

follows:

3.2.1 In terms of Government Notice No. 13519, Proclamation

No. R2242 of 9 September 1991, the Minister of Law

and Order in terms of Section 5A( 1) of the Public Safety

Act, No. 3 of 1953, declared that public disturbance,

disorder, riot and public violence were occurring or

threatening in inter alia the Tokoza area, as

demarcated and described in Government Notice No.

511 of 10 April 1959, as amended, as from 9 September

1991. In terms of Proclamation No. R2243, 1991, of

9 September 1991, the Minister of Law and Order in

terms of Section 5A of the Public Safety Act proclaimed

certain regulations {"the Regulations"). Proclamations

R2242 and R2243 were valid and in force on 8 April

Regulation 12(1) of the Regulations provides that no

civil proceeding shall be instituted against any member

of the Cabinet of the Republic of South Africa or any

member of a Security Force by reason of any act in good

faith advised, commanded, ordered, directed or

performed by any person in the carrying out of his duties

or the exercise of his powers or the performance of his

functions in terms of the Regulations as therein more

fully provided, with the intent to combat or to prevent

public disturbance, disorder, riot or public violence or

to maintain or to restore public order or for dealing

with any circumstances which in his opinion have arisen

or are likely to arise as a result of such public

disturbance, disorder, riot or public violence or the

combating or prevention thereof.

The Defendant is a member of the Cabinet of the

Republic of South Africa.

The member or members of the South African

Defence Force, as alleged by the Plaintiff to have

assaulted Plaintiff/committed physical acts against

the Plaintiff, was a member/were members of a Security

Force, as provided for in the Regulations.

Page 4

3.2.5 The place at Phola Park, Tokoza, where the assault/

physical acts allegedly took place, is a place where the

said Proclamations were valid and binding as at 8 April

1992.

3.2.6 The assault of/physical acts against Plaintiff was an

act/were acts in good faith advised, commanded,

ordered, directed or performed by a person or persons

in the carrying out of his/their duties or the exercise of

his/ their powers or the performance of his/their

functions in terms of the Regulations, as more fully

provided in Regulation 12(1).

3.2.7 In the premises the Plaintiff has no cause of action

as alleged and is not entitled to institute the said

action.

4. An PARAGRAPHS 4. 5. 6. 7 and S:

Defendant denies the contents of these paragraphs and puts Plaintiff to the

proof thereof.

5. AD PARAGRAPH 9:

Defendant admits a demand and a failure or refusal to pay, but pleads that

Defendant is not legally liable to pay the amount claimed or any portion

thereof.

WHEREFORE Defendant prays that Plaintiffs claim be dismissed with costs.

IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION)

CASE NO 92/26556


MDAKE, BHAMU JOSHUA Plaintiff

and


DEFENDANT’S REQUEST FOR FURTHER PARTICULARS

The Defendant requests the following further particulars to the Plaintiff’s

particulars of claim:

1. AD PARAGRAPH 1

1.1 The Plaintiff is requested to furnish the Defendant with:

1.1.1 copies of his identity document and birth certificate;

1.1.2 his address at the time of the incident.

1.2 Is the Plaintiff a South African citizen?

1.3 If not, does the Plaintiff have permanent residence in South Africa or a

work permit to work in South Africa and if so, documentary proof of

same is required alternatively full details thereof.

2

2. AD PARAGRAPH 3

2.1 The Plaintiff is requested to state precisely where in Phola Park she

was assaulted by a member or members of the South African Defence

Force.

2.2 The exact time of the alleged incident is required.

2.3 Was the Plaintiff assaulted inside or outside a building or structure? If

inside any structures, then the full address thereof is requested.

C2.4 How many members of the South African Defence Force assaulted

the Plaintiff?

2.5 Plaintiff is requested to give a description of each of the members

responsible for Plaintiff’s assault in order to enable Defendant to

identify the said member(s).

2.6 Were the members clothed in uniform? If in the affirmative, were they

clothed in:

2.6.1 neutria ("browns"); or

2.6.2 camouflage uniforms?

2.7 How many times was the Plaintiff assaulted?

AD PARAGRAPH 4

Plaintiff is requested to state the nature and extent of the following

injuries:

3.1.1 the broken left arm;

3.1.2 the wound on forehead;

3.1.3 the lacerations on the back.

Were any of the lacerations sutured? If in the affirmative, full

particulars are requested.

What caused the following injuries:


3.3.2 the wound on the forehead;

3.3.3 the lacerations on the back.

What was the nature, extent and duration of the treatment to:


3.4.2 the wound on the forehead;

3

3.4.3 the lacerations on the back?

3.5 Is it alleged that the Plaintiff sustained any neurological injuries? If in

the affirmative, full particulars are requested.

4. AD PARAGRAPH 5

4.1 Plaintiff is requested to state separately the exact nature, duration and

extent of the disability to use the left arm or hand.

4.2 What caused the disability to the left arm or hand?

5. AD PARAGRAPHS 6 AND 7

5.1 What is the nature, extent and duration of the pain and suffering and

loss of amenities of life?

5.2 What is the nature and extent of the contumelia?

DATED at JOHANNESBURG on this day of JULY 1993.

B

LJLOWIES Defendant’s Counsels

5

Defendant’s Attorney888 Royal St Mary’s Building85 Eloff StreetJOHANNESBURGTEL: 29-2961REF: 6664/92/P5

TO:THE REGISTRAROF THE ABOVE HONOURABLE COURT JOHANNESBURG

AND TO:NICHOLLS CAMBANIS & SUDANOPlaintiff’s Attorneys23rd Floor, Kine CentreCommissioner StreetJOHANNESBURGREF: MRS C H NICHOLLS

RECEIVED COPY HEREOF ON THE

....... .4......DAY OF JUt? 1993.

for: PLAINTIFF’S ATTORNEYS

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IN DIE HOOGGgREOSHOf’ VAN SUID-AFRIKA (WITWATKBSRAMDSE PLAASLIKE ATOELIMG)

P/H308

SAAK NO:- 92/26556

In die sa&k tusaent-

KENNISOEWINO VAN ADRESVERANDERING

NBEN KENNIS dat die adres van die Staatsprokureur waar betokening van

alle dokumente in die aksie moet geskied vanaf 1 JUMIE 1994 b o o s volg

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DIE STAATSPROKUREUR10 DE VLOER NORTH STATEOEBOU HARKETSTRAAT 95 h/v KRUISSTRAAT JOHANNESBURG

HDAKE; BHAMU JOSHUA Eiser

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DIB MINISTER VAN VBRDEDIODU Verveerder

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TEL NO: 29 2961

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SN AAN:NICHOLLS & CAMBANISKISKR SK PROKUREUR23ete VloerKine CentreComniseioneratraatJ 0 H A N N I S B U R 62001

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as a m a t t e r o f u r g e n c y .

I h a v e f u l l y c o n s i d e r e d t h e i m p l i c a t i o n s o f m y a c t i o n s a n d a u t h o r i z e y o u to g i v e a l l m y m e d i c a l r e c o r d s to m y l e g a l r e p r e s e n t a t i v e s or a n y p r i v a t e d o c t o r t h e y m a y a d v i s e m e to see.

S I G N E D at JoHi'VMMtstSMrôn t h i s t h e Cf d a y o f t&C-rZ 1 9 9 2

A S W I T N E S S E S

s . — -

1___ d j^ A k t f L ^ J X i f J lK L ____S I G N A T U R E O F C O N S E N T E EO R R I G H T H A N D T H U M B*

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g.p.-s.o^r-oi92 T P H 25B

BUITEPASIENTE EN/OF ONGEVALLE AFD. • OUTPATIENT AND/OR CASUALTY DEPT.

PASIENT • PATIENT No...3 3 1 8 6

Naam voluit Name in full.

FoonPhone No.

Huwelikstaat Marital state

Beroep Occupation. z Geboortedatum

Date of birth......

Volgno. Serial No.

OpgeneemAdmitted

Indeling Classification.

Datum • Date VM.A.M.

NM.P.M.

Naam van persoon verantwoordelik vir betaling van rekening i Name of person responsible for payment of account

Sy/Haaradres • His/Her address

Naam van werkgewer • Name of employer

Adres van werkgewer • Address of employer.

_ ^""Naani van siekefonds S/F Name of sick fund............................................................................................................................................. S/F No..

•Jaarlikse gesinsinkomste • Annual family income Uit alle bronne From all sources

Broodwinner • Breadwinner................................... .......................... .............“T.............................. R

Vrou • Wife.......................................................... / ....................................................................... R

Ander afhanklikes • Other dependants...............V u ^ .......................................................................... r

'Getal persone in gesin (broodwinner ingesluit)Number of persons in household (includingbreadwinner)

Meld ouderdomme van afhanklikes { J g s ,State ages of dependants.................. ...........

Totaal • Total R

Rede vir afhanklikheidReason for dependence.................................

r * (Minderjariges van 16 jsar en ouer wat selfonderhoudend is, moet uitgesluit word) ^ (Minor children of 16 years and older who are self-supporting must be excluded)

Datuni van ongeluk/besering ^ PlekI r j Date of accident/injury .....y . ' ................................. ....... . Place..

Persoon wat beseerde ingebring het 'Person who brought in the injured............. ........................................................

^ r

TydTimec: - ^ 7

Person who brought in the injured

Sy/Haar adres His/Her address.

Sy/Haar handtekening His/Her signature.........Was beseerde:Was injured:

en voertuig No. and vehicle No.

(i) Onder die invloed van drank? Underthe influence of liquor?....

(ii) By sy/haar bewussyn? Conscious?

Geteken: Opnemingsbeampte Signed: Admitting officer.

Die aard van die pasient se siekte mag vir rekeningdoeleindes vryêsjeWôrd. The nature of the patient's illness may be disclosed for accounting purposes.

GetuieWitness...................................................................................................................

GetekenSigned....

DatumDate....

KlagteComplaint..

Huldige siekte Present illness.

T.P.H. 25B

O N D E R S O E K / B E H A N D E L I N G / V O R D E R I N GEXAMINATION/TREATMENT/PROGRESS

Datum • Date

%

O( J V T t M X 1

a

v -

< r ■ " e

S ' % - t t . ^ 1

P f &

ONDERS O E K / B E H A N D E L I N G / V O R D E R I N GEXAMiNATION/TREATMENT/PROGRESS

Datum • Dale

%

M f e n b e - e m i * r c J k j

f f r t K U n l o f - P O t + t f Q s s ^ ! S -(TTy

A rOy - peer callus fcnoafxr)

(& ' f top x

T C £ - % / o 6 /

^ U l ^ _

= Xfi- — flsAw «• .

/ ;< / e f t ) P . - - ■ .

TCig s / s ^ &x " H . / « * ’fcW

8 6

(

G f -S 0*2-017 VOORSKRIF • PRESCRIPTION TPH172

-V'--

-HOSP!TAAL..HOSPITAL

AFDELING W A R D ........

Pesient • Pet'ent Pgsientno-nm er O uderdomP gtient's N um ber Age

3 3 1 s 6

IndelinaClassification

f a u f e n s o o r t v o V d J ° ' 6- V £ 7/ o‘ ekw.vg!en; rj)j-. r t t e c i ® - '

• / or equivalent

/ % of ekwivgient

o- e c jvg ’e 't

o' ekwivg^nt |

or equivglent

of ekwivgient

or equivalent

of ekwivgient

or equivalent

of ekwivgient

or equivglent

As tverdie woorde "o f ekw ivgient" nie deur c'ie voorskrywer oeskrgap word nle dui dit gen d£t die coedgekeurde ceneriese ekwivslenl ui’.oereik mgg w o rd ..

!f the words "or equivglent" g:> not deleted by the prescriber this will ind ices thgt the approved generic equive'ent may be s'jpp'ied.

r-r- J* % ..

k RADIOLOGISTS • RADIOLOE

Dr. HYMIE LUNTZ Dr. ISSY JAFFE Dr. RALPH POSNERDr. PAUL SPIRO Dr. ERROL PAPERT Assisted By:Dr. IAN SCHMAMAN Dr. ARNO PRETORIUS Dr. HAROLD BLOCHDr. RODNEY MILLER Dr. BRIAN PAPERT p r VICTOR GOUWS

301 Lister Building / Gebou Jeppe Street / Straat P.O. Box / Posbus 4878 Johannesburg 2000 Tel: 337-5022

Sandton Clinic / Kliniek, Lyme Park Morningside Clinic / Kliniek Kempton Park, Trust Bank Emergency / NoodgevalleTel: 706-6166 Hill Road off Rivonia Road Tel: 883-3320 Tel: 975-0121, 975-0191 Autopage Tel: 804-2777

MEDICO LEGAL

Z4S036

CiO I 08/04/93

MR JOSHUA MADAKE NICHOLLS CAMBANI3 SUDAMO P □ BOX 8694 JHB 5000

ow TDEL

M orningside (6eneral)

£5/08/93 DR G VERSFELD

L E F T F O R E A R M

A previous fracture deformity ot the distal third region o-f the ulnar shaft is identified.The fracture has united with sound circumferential bone union with residual deformity of c o n t o u r .No significant displacement or angular deformity of fracture f r a g m e n t s .

The bony radius as well as wrist and elbow regions are intact and no further fracture deformi ties are identified.

No evidence of active osteitis or bony cross union between the radius and ulna at the fracture level site.No diastasis of the proximal and distal radio-ulnar joints of the left forearm.

No periosteal reaction or soft tissue c a l c i f i c a t i o n .

C O N C L U S I O N S

A s o u n d u n i t e d f r a c t u r e o f t h e d i s t a l t h i r d r e g i o n of t h e

u l n a r s h a f t is i d e n t i f i e d .T h e f r a c t u r e h a s u n i t e d s o u n d l y w i t h n o s i g n i f i c a n t d i s p l a c e m e n t or a n g u l a r d e f o r m i t y o f f r a c t u r e f r a g m e n t s .T h e p r o x i m a l u l n a a s w e l l a s r a d i u s p l u s w r i s t a n d e l b o w j o i n t r e g i o n s a r e i n t a c t a n d n o f u r t h e r t r a u m a t i c a b n o r m a l i t i e s a r e v i s u a l i s e d .N o e v i d e n c e o f a c t i v e o s t e i t i s o r b o n y c r o s s u n i o n b e t w e e n t h e r a d i u s a n d u l n a .

D R B R I A N P A P E R TBP/dcc

Collection Number: AK2702 Goldstone Commission of Enquiry into PHOLA PARK Records 1992-1993 PUBLISHER: Publisher:-Historical Papers, University of the Witwatersrand Location:-Johannesburg ©2012

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No In the Supreme Court of South Africa · In the Supreme Court of South Africa ... KINDLY TAKE NOTICE that Pleadings in this matter closed, the Defendant is hereby requested to attend