M.BCh.B. (Cape Town) FCS (SA) OrthORTHOPAEDIC SURGEON / ORTOPEDIESE CHIRURG

PR No 2803267

TELEPHONE/TELEFOON 884-5105/6 RESIDENCE/WONING 702-2031 ACCOUNT QUERIES 883-3500 FAX; 883-3350

25/08/1993

P.O.BOX 651194 BENMORE

2010

204 MORNINGSIDE CLINIC CNR. HILL & RIVONIA RD MORNINGSIDE SANDTON 2146

NICHOLLS CAMBANIS & SUDAMO P 0 BOX 8694

JOHANNESBURG 2000.

MEDICO-LEGAL REPORT.

NAMEDATE OF BIRTH OCCUPATION DATE OF ASSAULT DATE OF EXAMINATION

MRS PAULINA DABULA3 1 /0 8 /1 9 3 7SELF EMPLOYED0 8 /0 4 /1 9 9 21 8 /0 8 /1 9 9 3

HISTORY

Mrs Paulina Dabula alledges that at about between 9 o'clock and 10 o'clock pm on 08/04/1992 she was assaulted in Phola Park.In the assault she was hit with a panga on the right side of her face and with a stick on her left hand. Following the assault she became unconscious for a while and was taken by car to

the Natalspruit Hospital.

2/... At the

Emergency: 331-8131 Code 4 40 Channel 11

At the Natalspruit Hospital X-rays were taken of her head and her hand. The injury on the right side of her face was sutured and a plaster cast was applied to the left hand. She was given pain killers and then discharged.

After about one week the sutures in her face were removed and after about five weeks the cast on her right hand was removed. Following the removal of the cast her hand remained swollen and severely painful. Her hand took a long time to improve and has not become normal to the present time.

During the five week period that the cast was on

her hand was severely painful-- and she was obliged to take a large number of analgesic tablets to counteract this.

Following the assault she had pain on the right side of her face and the right side of her face was tender to the touch for approximately five months. During this time she got severe head­aches which lasted for a whole day or a whole night. These occured approximately two times weekly and she was obliged to take either Disprin or Grandpa headache powders to ease the pain.

During this period she was unable to lie on her right side as this caused pain.

3 / . . -PRESENT

PRESENT COMPLAINTS

Her left hand is severely painful over the knuckles of the index and middle fingers.She says that she is unable to hold with the left hand and says "it is like there is no sensation". "If I grab something it just falls". "The fingers are stiff". She experiences severe pains when ever it is cold and during Winter is obliged to take two Disprins daily to counter act this. She finds that her hand is so sore that she is unable to sleep at night when she is cold.

She says that the scar on the side of her face worries her and she is particularly concerned that people wonder how she got the scar.

GENERAL HEALTH PRIOR TO THE ASSAULT

Her health was good and she was on no medications. She did not have problems with her left hand and she did not get headaches.

EMPLOYMENT

Prior to the assault she was self employed as a Tailor Dressmaker.

At the present time she is unable to work due to the problems she experiences with her left hand.

4 / . . .GENERAL

4.

GENERAL AMENETIES

Prior to her assault she used to enjoy doing her house work and looking after her family.

This she is unable to do anymore. She did all her own house work which she can no longer do.

Her home is in the Transkei where she used to cultivate her plot of land she is no longer able to do this as she is unable to handle a hoe.

Prior to her assault she looked after two Grand children. Following the assault she feels that she is unable to adequately do this.

EXAMINATION FINDINGS

Mrs Paulina Dabula was generally well.

RELATED TO HER FACE

She has a 5 cm long irregular scar over the right temple which ends over the lateral aspect of her

right eye brow.

RELATED TO HER LEFT HAND

There is a visible and palpable bump over the base of the third metacarpal. There is shortening and depression of the third metacarpal head. There is swelling and tenderness over the second metacarpo­phalangeal joint and the third metacarpo-phalangeal

joint.

5/..There is

There is a marked reduction in range of flexion possible at the second and third metacarpo­phalangeal joints. Flexion at the fourth metacarpo-phalangeal joint is reduced in range.There is a reduction in range at both the proximal inter phalangeal and the distal inter phalangeal joints of the second and third fingers. The result of this is that when she clenches her fist her finger tips remain 2 cm from the palmar crease.

There is decrease in sensation over the dorsum of the hand and over the index and middle finger to the distal inter phalangeal joint. There is some decrease in sensation over the volar aspect of the index finger.

There is a marked difference in grip strength between the left and right hands. The pinch grip on the left side is markedly reduced.

SPECIAL INVESTIGATIONS

X-rays of her left hand and wrist were taken on 18/08/1993. (Radiologists report enclosed).In addition I would like to comment as follows:There is shortening of the left third metacarpal of 5.5 mm when compared to the right side.There is quite marked depression of the head of the third left metacarpal when compared to the right side. There is elevation of the proximal end of the third metacarpal which stands proud on the dorsum of the hand.

6/...DIAGNOSIS

6.

DIAGNOSIS

As a result of her assault on 08/04/1992Paulina Dabula suffered:

1) A head injury with a laceration over the

right temple. Her injuries resulted in a period of loss of consciousness and she continued to have headaches for about a five month period.

2) She suffered an injury to her left hand with radiological evidence of a fracture of the base of her third metacarpal, shortening of the third metacarpal and distortion of the normal alignment of the third metacarpal. There is clinical evidence of loss of sensation over the dorsum of her hand, over the second and third metacarpals and over the index and middle finger and some loss of sensation over the volar aspect of her index finger. She has evidence of a painfull swollen second metacarpo­phalangeal joint and third metacarpo-phalangeal joint and stiffness of her metacarpo-phalangeal joints and the joints of her fingers resulting in a reduced ability to use her hand.

The hand injury has resulted in a marked reductionof grip strength and pinch strength.

7/...PROGNOSIS

PROGNOSIS AND FUTURE MEDICAL COSTS

At the present time Mrs Dabula requires an

intensive course of physiotherapy to rehab­ilitate and strengthen her left hand.

This will entail approximately twenty sessions and each session costs approximately R 100,00.

In addition to this she will require anti­inflammatories and analgesics from time to time. Firstly to controll the inflammation of the metacarpo phalangeal joints of the index and middle finger of her left hand and secondly to controll the pain she experiences during cold weather in her left hand. It would be reasonable to allow approximately R 360,00 per annum on an on going basis for this purpose.

EMPLOYMENT

Her normal occupation is that of a Tailor Dressmaker. Her left hand function is such that at the present time she is unable to do this work, even following physiotherapy it is doubtfull that she will return to the same level of proficiency as she had before her assault. Some provision for her loss of earning capacity should be made.

8/...CONCLUSION

CONCLUSION

As a result of her assault Mrs Dabula suffered a laceration on the side of her face with subsequent permanent disfiguring scarring and an injury to her left hand which remains painful and has limit­ation of range of movement and marked reduction in functional ability.

These disabilities impact adversely on her working ability and she has not been able to work at all from the time of the assault to the present time.It is likely that her normal occupation will be adversely affected even after effective treatment.

Her general ameneties are affected in that she is unable to do her normal house work and look after her two grand children as she did before.

It is likely that she will have on going medical expenses related to the injury to her left hand.

I find no reason to suspect that her life expectancy

has been reduced as a result of the assault.

G.A. VERSFELD.FCS (S A) Orth.

rRADIOLOGISTS • RADIOLOE

Dr. HYMIE LUNTZ Dr. PAUL SPIRO Dr. IAN SCHMAMAN Dr. RODNEY MILLER

Dr. ISSY JAFFE Dr. ERROL PAPERT Dr. ARNO PRETORIUS Dr. BRIAN PAPERT

Dr. RALPH POSNER Assisted By:Dr. HAROLD BLOCH Dr. VICTOR GOUWS

301 Lister Building / Gebou Sandton Clinic / Kliniek, Lyme Park

Tel: 706-6166

Jeppe Street / Straat P.O. Box / Posbus 4878 Johannesburg 2000 Tel: 337-5022Momingside Clinic / Kliniek Kempton Park, Trust Bank Emergency / Noodgevalle

Hill Road off Rivonia Road Tel: 883-3320 Tel: 975-0121, 975-0191 Autopage Tel: 804-2777

MEDICO LEGAL A/A

L/G FAXED TO LISTER55Y

Z 45600 DELMorningside (General)

MRS PAULINA DABULA NICHOLLS CAMBANIS &SUDAMO ATTQRNEYS-BOX 8894 JOHANNESBURG SOOO 18/08/93

DR G VERSFELD

PRACTICE NO 380048aLEFT HAND WITH RIGHT HAND FOR COMPARISON

The bones and joints of the left hand show normal bone density and trabeculation.There is evidence of an old fracture deformity to the base of the third finger metacarpal . The fracture has united with sound circumferential bone union with residual contour deformity.There is no intra-articular extension into the sub-adjacent joint space.

The remaining bones and joints of the left hand are intact and no further traumatic abnormalities are detected.

The joint spaces are well maintained and the articular margins are smooth and regular.

Cystic change is present in the triquetral, capitate and trapezium bones of the wrist joint probably degenerative in or i g i n .

No evidence of active osteitis or other complicating abnoramIi ty.No periosteal reaction or soft tissue calcification.

No bone, joint or soft abnormality identified in the bones and joints of the right hand.

CONCLUSIONS

There is evidence of an old healed fracture deformity at the base of the third finger metacarpal which has united with sound circumferential bone union with residual deformity of contour.

E/- There is

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 Dr VICTOR GOUWS

301 Lister Building / Gebou Jeppe Street / Straat P.O. Box / Posbus 4878 Johannesburg 2000 Tel: 337-5022Sandton Clinic / Kliniek, Lyme Park Morningside Clinic / Kliniek Kempton Park, Trust Bank Emergency / Noodgevalle

Tel: 706-6166 Hill Road off Rivonia Road Tel: 883-3320 Tel: 975-0121, 975-0191 Autopage Tel: 804-2777

S/-

MRS PAULINA DABULA 18-8-1993

There is no intra-articular extension to involve the sub- adjacent space.The remaining bones and joints of the left hand are intact and no further fracture deformities are visualised.Cystic change is present in the trapezium, capitate and triquetral bones of the left wrist joint, probably degen­erative in origin.

DR BRIAN DPAIBP./dcc

\v>Y -0 9 -3 0ji

c o m b i n e d ;

-***

c»NQssn-:

S U M M O N S r i , ; -,— “ ~*r,‘ gigli Case No.: y^/iob53

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

In the matter between:

NOVELA PAULINA DABULA Plaintiff.

and

THE MINISTER OF DEFENCE

To the sheriff or his deputy:

o ; m vF fs. r* r ' x , i v L. v L. . .. L U1SS2 - I t - ■: 1

BALJU — SHERIFE LAMDDROSKOF MAGISTRATE'S COURT

PRETORIA-WES / WEST

Defendant.

INFORM

THE MINISTER OF DEFENCE, cited herein in his offical 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)) thatNOVELA PAULINA DABULA, an adult female widow who is self employed as a dressmaker, of full legal capacity, residentat J18 Phola Park, TOKOZA.

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

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 rinys: of the service upon the Defendant(s) of this summons, file with the registrar °f this Court at Hoom 007 SupreM Court B ulld ln„ Pritchard S tr e e t , JOHANNESBURG. in g ’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 19 ^

NICHOLLS, CAMBANIS & SUDANO Attorneys of Plaintiff(s),23rd Floor, Kine Centre 141 Commissioner Street JOHANNESBURG Ref. Ms C H Nicholls

4x7 y* Registrar of the Supreme Court

ANNEXURE "A"

PARTICULARS OF CLAIM

Plaintiff is NOVELA PAULINA DABULA, an adult female widow, self employed as a dress maker , of full legal capacity, whose date of birth is 31 August 1937, 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 Headquarters, Dequar 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 consequence of this assault. Plaintiff sustained injury as follows

4.1 a broken left hand; ^

4.2 a severe cut on the right side of the face.^

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

5.1 permanent disability in that the Plaintiff is no longer able to use her left hand effectively, in particular, in order to carry out her dress making operations;

Page 2

5.2 temporary disability in that the Plaintiff was unable to see from the right eye for approximately one month;

5.3 permanent disfigurement, in the form of an unsightly scar beside the right eye.

As a result of the bodily injuries sustained,Plaintiff has suffered damages in the amount ofR170 000,00.

Such damages are computed as follows

LOSS OF FUTURE EARNINGS (R140 000,00)■ ' • £

7.1 Plaintiff earned an average of 1^900,00 per month prior to her injury;

7.2 Plaintiff is completely and permanently unable to earn an income as a result of the assault;

7.3 Plaintiff has a working life expectancy of another 13 years.

PAIN AND SUFFERING AND CONTUMELIA

7.4 For pain and suffering and contumelia, damages in the amount of R15 000,00.

DISFIGUREMENT.

7.5 for permanent disfigurement, damages in the amount of R15 000,00.

NICHOLLS AND CAMBANIS 23RD FLOOR, KINE CENTRE COMMISSIONER STREET JOHANNESBURG ref VS/PP/47

IN THE SUPREME COURT OF SOUTH AFRICA

7* (WITWATERSRAND LOCAL DIVISIONCASE NO; 92/26553 P/H 308

In the matter between

DABULA NOVELA PAULINA Plaintiff

and

THE MINISTER OF DEFENCE Defendant

NOTICE OF INTENTION TO DEFEND

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

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

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

DATED at JOHANNESBURG on this the "2 /0 day of OCTOBER 1992.

1M

DEFENDANT/^ J&fORNEYSTATE ATTORNEY888 ROYAL ST. MARY'S BUILDING 85 ELOFF STREET

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

__ /2

W ■< ft

-2 -

REFER TO: G. BOWEN REFER NO: 6663/92/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

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

AND TO:

S LFor/PLAINTIFF'S ATTORNEY

«*■*

IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

Case Number ; 92/26553

Plaintiff

'

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 Novela Paulina Dabula, 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:

In the matter between:

DABULA. Novela Paulina

and

Defendant admits the contents of this paragraph.

P a g e 2

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.

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

P a g e 3

£

r\

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

6663/92/P5 Tel: 29-2961

© TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

AND TO: NICHOLLS & CAMBANISPlaintiff's Attorneys 23rd Floor Kine Centre Commissioner Street JOHANNESBURG Ref: VS/PP/24

Received copy hereof on the day of December 1992.

for: Plaintiff’s Attorneys

WITHOUT PREJUDICET O P « P L 'T C

IN THE SUPREME COURT OF SOUTH AFRICA

(VITWATERSRAND LOCAL DIVISION)

CASE WO: 92/26553

In the matter between

DABULA NOVELA PAULINA Plaintiff

and

THE MINISTER OF DEFENCE Defendant

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 hospitals' reference numbers as well as the dates on which the Plaintiff was treated.

DATED fit JOHANNESBURG on this the i/i day of NOVEMBER 1992.

j L / > ________________DEFENDANT'S ATTORNEYstate Attorney888 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: 6663/92/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

\[p DAY OF NOVEMBER 1992

^PLAINTIFF7!For/PLA IN T IFF' S ATTORNEY

WITHOUT PRtou' » TO RIGHTS

PH <*66IN THE SUPREME COURT OF SOUTH AFRICA(UlITMATERSRAND LOCAL DIVISION) CASE NO : 9E/E&553

In the matter between : -

DABULA, NOVELA PAULINA Plaintiff

and

THE MINISTER OF LAW AND ORDER Defendant

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.

iNICHOLLS, CAMBANIS,AND SUDANOATTORNEYS FOR PLAINTIFF 23RD FLOOR, KINE CENTRE 1^1 COMMISSIONER STREET JOHANNESBURG REF : VS/PP/2<+

TO : THE REGISTRAR OF THE ABOVE HONOURABLE COURT

E

AND TO : THE STATE ATTORNEYDEFENDANTS ATTORNEYS 88B ROYAL ST.MARY’S BUILDING 85 ELOFF STREET JOHANNESBURGREF : Mr.Bowen/6663/92/P5

Received copy hereof on this the 2-S day of JANUARY 1993.

ATTORNEYS

STA A TSPR O K U R EU R< PHi'.-AK A9

2:03O*fTVAf«G oCJ'Or** ^ i i i V^N RE3T£

TVD.TiMSS T A T E /'•

f

IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

Case Number : 92/26553

In the matter between:

DABULA. Novela Paulina Plaintiff

C

and

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:

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

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 cf 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) cf the Public Safety Act, No. 3 cf 1953, declared that public disturbance, disorder, riot and public violence were occurring or tlveatening in inter alia the Tokoza area, as demarcated and described in Government Notice No. 511 cf 10 April 1959, as amended, as from 9 September 1991. In terms cf Proclamation No. R2243,1991, cf 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 1992.

3.2.2 Regulation 12( 1) cf the Regulations provides that no civil proceeding shall be instituted against any member of the Cabinet cf the Republic of 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 carrying out cf his duties or the exercise cf his powers or the performance cf his functions in terms cf the Regulations as therein more fully provided, with the intent to combat or to prevent public distur bance, 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.

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 cf 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.

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 performed by a person or persom in the carrying out cf his/their duties or the exercise cf 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 cf 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.

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

______ m k _______STATE ATfORNEYDefendant’s Attorneys 888 Royal St. Mary’s Bldg 85 Elon Street JOHANNESBURG Ref: Mr Bowen/ 6663/92/P5 Tel: 29-2961

TO:

AND TO:

C

Page 5

THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

NICHOLLS & CAMBANISPlaintiffs Attorneys 23rd Floor Kine Centre Commissioner Street JOHANNESBURG Ref: VS/PP/24

Received copy hereof on this the .....^. day of March 1993.

_ J * , _____________for: Plaintiffs Attorneys

WITHOUT PREJUDICE TO RIGHT?

r

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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