AK2702-H30-001-jpeg - Historical Papers

Telephone: 788-5379
R esid ence: 678-1426
B.D.S., M.Dent. (Witwatersrand)
P.O . Box 73809
Fairland 2030
PROSTHODONTIST
NICHOLLS, CAMBAINES KOOPASAMMY & PILLAY
P.O. BOX 8694
JOHANNESBURG
20 00
MEDICO-LEGAL.REPORT
PATIENTS NAME
:
MR T . VELA
DATE OF BIRTH
:
17 JUNE,
1957
DATE OF EXAMINATION
:
2 MARCH,
1994
THIS REPORT IS RESTRICTED TO PROSTHODONTIC OPINION ONLY.
history
The patient was assaulted on 8 April 1992.
Injuries sustained
included the loss o-f some teeth and a -fractured mandible.
IX IR A z Q R £ L _ E X A M IN A T ig N
No apparent disorder was noted.
I N I R A = O R A L _ E X A M IN A II O N
Teeth 46, 47 and 48 were missing.
RADIQGRAPHIC_EXAMINAJION
This confirmed
the total loss
o-f the
involved teeth.
There
was evidence o-f a fracture line in
the right angle region
of
the mandible.
IB iA JM E N I
The only
feasible treatment is to
provide the patient with
a
fixed
implant
supported prosthesis.
A partial denture
:i.s
contra-indicated
in
this
situation
due
to
its
unilateral
nature.
Costing
9
1
8
3
X
l
i
9
1
8
4
>!
9
1
8
5
x
l
8
6
0
0
X
•-«
8
5
9
2
X
3
8
0
9
9
9
1
9
0
X
i
9
1 9
1
yt
i
9
1
2
X
i
9
Surgical Placement o-f Implant
Surgical Placement o-f Implant
Surgical Placement o-f Implant
Implant Components
(estimated)
Implant. Abutments
Laboratory Fee (estimated)
Exposure of Implant
Exposure o-f Implant
Exposure of Implant
1
3
1
. 7
0
7
0
7
4
. 0
6
5
1
6
. 4
2
3
0
0
0
. 0
0
4
8
1
8
. 7
8
1
5
0
0
. 0
0
3
8
1
. 9
0
n r . 7
X L< D /
______ 1 . 9
1
2
5
1
0
n n
m
^
1
-C .O
5
2
. 6
6
PROGNOSIS
This
treatment
option gives
the
best
prognosis - implants
should last up to 35 years according to the latest literature.
In all cases, provision should be made
-for routine maintenance
on a regular ongoing basis - Currently R800 per annum.
The -fees are
those
-for
1994
Association
of
South
Africa,
increase of 15 - 20%.
Your s -fa it h -fu 1 1y ,
P R _ D y N C A N _ H A Y D E W z S M IIH
as
laid down
by
the
and
are
subject
to
Dental
annual
II -
-0- , ,
,
C O M BINED
SUMMONS
Case No.: 92/26562
In the Supreme Court of South Africa
(WITWATERSRAND LOCAL
DIVISION)
In the matter between:
NTABAYIKHONJWA TUTU VELA
Plaintiff
and
THE MINISTER OF DEFENCE
Q M Y V L V .C :
i c o !\
luu^L
To the sheriff or his deputy:
INFORM
::
t
Defendant.
iL
B A U U — T 'T
L A N D D n c st::
M A G IS T R A T E S COL’K l
p r e t or z a a y e s / W i-yt
THE MINISTER OF DEFENCE, cited herein in h is o f f ic ia l capacity
as being the person le g a lly responsible for the conduct
of members of the South African Defence Force, c/o
The Chief o f the South African Defence Force, (Finance
D iv ision ), South African Defence Force Headquarters,
Dequar Road, PRETORIA.
’
(hereinafter called the Defendant(s) ) that
NTABAYIKHONJV/A TUTU VELA, an adult male labourer, whose
date o f birth i s 1957, resident at G385 Phola Park, TOKOZA.
(hereinafter called the Plaintiff(s)), hereby institutes action against HIM
in which action the Plaintiff(s) claim the relief and on the grounds set out in the particulars
annexed hereto.
ANNEXURE "A”
PARTICULARS OF CLAIM
Plaintiff is NTABAYIKHONJWA TUTU VELA, adult male
labourer,
whose date of birth is 1957,
resident
at G385 Phola Park, Tokoza.
Defendant
is
the
herein
in
his
person
legally
MINISTER
official
OF
DEFENCE,
capacity,
responsible
for
as
the
cited
being
conduct
members of the South African Defence Force,
the
Chief
(Finance
of
the
South
African
Defence
Division), South African
the
of
c/o
Force,
Defence
Force
Phola
Park,
Headquarters, Dequar Road, Pretoria.
On or about
8 April
Tokoza,
Plaintiff was unlawfully
by
the
a member,
1992,
or members,
and at
of
the
assaulted,
South
African
Defence Force, acting within the course and scope
of their employment with the Defendant.
As a consequence of this
sustained injury as follows
assault,
Plaintiff
4.1
broken jaw;
4.2
torn lower lip;
4.3
swollen left leg;
4.4
bruises on both sides of the stomach.
The
disabilities
suffered
by
plaintiff
as
a
result of the injuries are as follows:5.1
permanently unable to chew on right side of
<
5.2
As
Paae ?
temporarily unable to walk for two weeks.
a
result
of
the
bodily
injuries
Plaintiff has suffered damages
R40 000,00.
sustained,
in the amount of
Such damages are computed as follows:PAIN AND SUFFERING AND LOSS OF AMENITIES OF LIFE
AND CONTUMELIA
7.1
For pain and
suffering,
of life and contumelia,
amount of R3 0 000,00.
loss of amenities
damages
in
the
DISFIGUREMENT
7.2
permanently disfigured face; damages of Rio
000,00.
In the premises Defendant is liable to Plaintiff
in the amount of R40 000,00
Despite demand, Defendant fails or refuses to pay
the above amount of any portion thereof.
WHEREFORE PLAINTIFF CLAIMS
i)
the amount of R40 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.
Page 3
iii)
costs of suit;
iv)
further and/or alternative relief
DATED AT JOHANNESBURG THIS
///*DAY
OF SEPTEMBER 1992
_jyu+/,
D J M*PITMAN
M ^ P IT M J
COUNSEL FOR PLAINTIFF
H
NICHOLLS AND CAMBANIS
PLAINTIFF'S ATTORNEYS
23RD FLOOR, KINE CENTRE
COMMISSIONER STREET
JOHANNESBURG
REF: VS/PP/38
IN THE SUPREME COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISION
CASE NO:
P/H 308
92/26562
In the matter between
VELA
Plaintiff
NTABAYIKHONJWA TUTU
and
THE MINISTER OF DEFENCE
Defendant
NOTICE OF INTENTION TO DEFEND
BE PLEASED
defend
this
TO
TAKE
action
NOTICE
and
THAT
has
the
abovenamed
appointed
the
Defendant
following
intends
to
address as the
address for the service upon him of all notices and documents in the
action
STATE ATTORNEY
888 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:
P R E T O R I A .
DATED
at
S.A. DEFENCE FORCE HEADQUARTERS, DEQUAR ROAD
JOHANNESBURG
day of
OCTOBER
1992.
DEFEND
STATE ATTORNEY
888 ROYAL ST. MARY'S BUILDING
85 ELOFF STREET
PRIVATE BAG X9
J O H A N N E S B U R G
REFER TO:
REFER NO:
TEL NO:
G. BOWEN
6654/92/P5/JC
29 2961
The Registrar of the
above Honourable Court
J O H A N N E S B U R G
AND TO:
PLAINTIFF'S ATTORNEY
NICHOLLS, 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
rSreV
DAY OF -OCTOBE R
For/PLAINTIFF'S ATTORNEY
1992
IN
THE
SUPR E M E
COURT
(W I T W A T E R S R A N D
Case N u m b e r
OF
S OUTH
AFRICA
LO CA L D I V I S I O N )
: 92/26562
In the m a t t e r between:
VELA.
N t a b a y i k h o n j w a T utu
Plaintiff
and
MINISTER OF
LA W A N D O R D E R
DEFENDANT'S
1.
Def e n d a n t
P LEA TO P L A I N T I F F ' S
AD P A R A G R A P H
PARTICULARS OF CLAIM
1:
S a v e to a dmit that P l a i n t i f f is N t a b a y i k h o n j w a T u t u Vela,
Defendant
has
contained
in this p a r a g r a p h ,
p uts
2.
no
knowledge
P l a i n t i f f to the p r o o f
of
the
remaining
allega t i o n s
a c c o r d i n g l y de n i e s
thereof.
A D P A R A G R A P H 2:
D e f e n d a n t admits
the c o n t e n t s
of this p a r a g r a p h .
same and
Page 2
3.
AD PARAGRAPH
3i
De f e n d a n t denies
Plaintiff
4.
the c o n t e n t s
to the p r o o f
AD PARAGRAPHS
4.
5.
6.
of this
p a r a g r a p h and puts
thereof.
7 an d 8 :
D e f e n d a n t de n i e s the c o n t e n t s of t hese p a r a g r a p h s and puts
Plaintiff
5.
to the p r o o f
AD P A R A G R A P H
thereof.
9:
D e f e n d a n t a d m i t s a d e m a n d and a f a i l u r e or refu s a l to pay,
but p l e a d s tha t D e f e n d a n t is not l e g a l l y liable to p a y the
a mount c l a i m e d or a n y p o r t i o n thereof.
WHEREFORE
Defendant
prays
that
Plaintiff's
claim
be d i s m i s s e d
w ith costs.
DATED
AT
JOHANNESBURG
ON
THIS
2nd
DA Y
OF
DECEMBER
1992.
Page 3
jf v
-
_________________
STATE ATTORNEY
D e f e n d a n t ' s Attorneys
888 Royal St. Mary's Bldg
85 Eloff S t r e e t
JOHANNESBURG
Ref:
Mr Bo w e n /
6654/92/P5
Tel:
29-2961
TO:
T H E R E G I S T R A R OF TH E A B O V E
HONOURABLE COURT
JOHANNESBURG
AND TO:
NICHOLLS & CAMBANIS
P l a i n t i f f ’s A t t o r n e y s
23rd F l o o r
Kine C e n t r e
C o m m i s s i o n e r Street
JOHANNESBURG
Ref:
VS/PP/38
Received copy hereof on the
tfJJ-
for:
day of December 1992.
Plaintiff's
Att o r n e y s
D O C j\ j0 'C t
IN THE SUPREME COURT OF SOUTH AFRICA
(tflTtfATERSRAND LOCAL DIVISION)
CASE NO:
92/26562
In the matter between
VELA
NTABAYIKHONJWA TUTU
Plaintiff
and
THE MINISTER OF DEF k NCE
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
records,
hereof
to
the
former
any
medical
reports,
hospital
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
// r
day of
NOVEMBER
1992.
888 ROYAL ST. MARY’S BUILDING
85 ELOFF STREET
PRIVATE BAG X9
J O H A N N E S B U R G
TO:
THE REGISTRAR OF THE
ABOVE HONOURABLE COURT
J O H A N N E S B U R G
REFER TO:
REFER NO:
TEL NO:
G. BOWEN
6654/92/P5/JC
29 2961
AND TO:
PLAINTIFF'S ATTORNEYS
NICHOLLS AND CAMBANIS
23rd FLOOR, KINE CENTRE
COMMISSIONER STREET
J O H A N N E S B U R G
REF:
Ms
C H
NOCHOLLS
COPY HEREOF RECEIVED THIS THE
fc
For/P
DAY OF
NOVEMBER
IFF'S ATTORNEY
vA/ITHO'JT p r e j u d ic e
T0 RIGHTS
1992
PH U66
IN THE SUPREME COURT OF SOUTH AFRICA
(MITWATERSRAND LOCAL DIVISION)
In the matter be t w e e n
CASE NO : 9 2/56562
i -
VELA. Ntabay lkhon.jwa Tutu
Plaintiff
AND
THE MINISTER OF LAW AND ORDER
Defendant
REPLY TO NOTICE IN TERMS OF RULE 36<<»)
BE PLEASED TO TAKE N O TICE that the Plaintiff
hereby attaches
relevant medical records as requested by the Defendant.
DATED at JOHANNESBURG on this the
day of DECEMBER 1992
NICHOLLS, CAMBANIS &
SUDANO
PL A I N T I F F S ’ ATTORNEYS
23RD FLOOR, KINE CENTRE
141 COMMISSIONER STREET
JOHANNESBURG
REF : VS/PP/3B
TO : THE REGISTRAR OF THE ABOVE
HONOURABLE COURT
JOHANNESBURG
AND TO : STATE ATTORNEY
D E F E N D A N T ’S ATTORNEYS
BTH FLOOR, ROYAL S T .M A R Y ’S BLDG
85 ELOFF STREET
JOHANNESBURG
M R .BOWEN/6654V 9 2 /P5
Received copy hereof on this
1
i p -s 0*2-01tt
T.P.H. 25B
BUITEPASlENTE EN/OF O N G EVALLE AFD. • OUTPATIENT AND/OR CASUALTY DEPT,
.HOSPITAAL. HOSPITAL
Naam
Name in full
PASIENT • PATIENT No. ...3.3.1.9.2/ .*
Volgno.
Serial No.
J...... ^ . . . . . r r r . . > J ............................. \ ^ .....C c ...L ...£ s .
Huisadres
Residential address ..... ................................................... . . . . f a ± L < P r J L ........:
1
Datum • Date
( \/ \ \]_
XJpgeneem
Admitted
j) .
.
'lndeling
/CWtjsification.
H
............. .............. Dateofb!rtht.U.,j
Occupation.....
Naam van persoon verantwoordelik vir betaling van rekening
Name of person responsible for payment of account.................
.
...1
.......................... f
Naam van werkgewer • Name of employer
IV\
a
................ J 3 f . ..........................................
^
U
j,.....
s ...
x ^ . j m . j = . 5 x
Naam van siekefonds
v—^ j
S/F
Name of sick fund................................................................... ......................... ....................................... S/F No.
•Jaarlikse gesinsinkomste • Annual family income
Uit alle bronne
From all sources
Broodwinner • Breadwinner..
_ £ ...
l a s a ...................................
Vrou • W ife .........................
Ander afhanklikes • Other dependants.....................................................................................
R
Totaal • Total
R
"Getal persone in gesin (broodwinner ingesluit)
Number of persons in household (including breadwinner),
_S~
Meld ouderdomme van afhanklikes
State ages of dependants................................................
Rede vir afhanklikheid
Reason for dependence.
van 16 jaar en ouer wat selfonderhoudend is, moet uitgesluit word)
Elin o r children of 16 years and older who are self-supporting must be excluded)
(jj^\flinderjariges
Datum van ongeluk/beseringO C j
Date of accident/injury........
p.
Plek
Place......I....N
..... J
Persoon wat beseerde ingebrina het
Person who brought in the injured................. .
Sy/Haar ad:es
His/Her address.......................................... .
Sy/Haar handtekening
His/Her signature..........................................
W as beseerde
W as injured:
Huidige siekte
Drcic-tsrsl illnnrr
(i) Onder die invloed van drank?
i
J................... J _ _______ __________________________
.................. ......................................................... -.........
Sy/Haaradres • His/Her address.............
res van werkgewer • Address of employer............
u
NM.
P.M.
.... .f.fSFM....... .CtfJJ
Huwelikstaat
f\Geslag
n
x
Ras
Marital state........i..T ......> .....^ ,^ JSex.................J.L O ^ ......... Race........
O
VM.
A.M.
en voertuig No.
and vehicle No.
f
T.P.H. 25B
SLEGS VIR AFSKEURSTROKIES
FOR COUNTERFOILS ONLY
T.P.H. 25B
ONDERSOEK/BEHANDELING/VORDERING
EXAMINATION/TREATMENT/PROGRESS
Datum • Date
trr i—
H j ’o-
( f i
-----
VOORSKRIF •PRESCRIPTION
-H C S F iT A A L
.H O S P IT A L
TFH 172
AFDELING
W ARD.....................
PeS'fen! • Pctien;
tnSelirig
ClEssificstion
Datum
Date
Apteker
Pr.£TTl£C:St
o ' £ m \ :.£ ieT.
0' eK>V\-£l£T.
0'
s!f
_______
‘ I
!
o- eCw'vg»en:
O’ 6C..VE f ‘ ‘;
o : e o . ■.£!=-;
e^
' £ ‘e" ' n,e c e jr ° e w c r s k r y w r 0£SKr£f.p were' r e CJi 8« £ar. cet * E ooeorekeuxe g e n e :* ** e*vV *!en t
«f ;*!e w o rts "or e r j i v a W ’ e-« ro t cVe'ed byt-.c p r e s e t - th=s v . i . " - cate *>£; - g E rp-cve : c z -. f : e - V a * - : - a
i * sjppl-’ed
- 2 ^ IBzian
Tel. 869-3932
B.Sc., B.D.S. (Rand)
Dental Surgeon — Tandarts
65 Clinton Road/weg 65
New Redruth
P.O. Box/Posbus 2161
Alberton 1450
SL
—
R - U •S
4-
TLI :
THE SUPERINTENDENT
NATALSPRUIT HDSPITAL
C0N5ENT TO SUPPLY CONFIDENTIAL MEDICAL REPORT
NAME OF PATIENT
:
HOSPITAL REFERENCE ND
s
DATE OP TREATMENT
s
\UTW
^
| q-j.
jcf
f 0)1
|
I i tftt undersigned»
_
JH
ik
He ^
“3 U O «
Tu rn
t
t .tA
do hereby request and authorize you to give a medical report on
the injuries sustained and treatment received by me, and to
supply copies of all medical records, x-rays and records of any
other form of treatment to s -
THE STATE ATTORNEY
888 ROYAL S T . M A R Y ’S BUILDING
85 ELOFF STREET
PRIVATE BAG X9
JOHANNESBURG
as a matter of urgency.
I have fully considered the implications of my actions and
authorize you to give all my medical records to my legal
representatives or any private doctor they may advise me to s e e .
SI GNED at
AS WITNESSES
this the
day of
«bcc£<ifEe*2_
1992.
s -
____________
SIGNATURE OF CONSENTEE
OR RIGHT HAND THUMB
* — > 'A
TPH 3
HO SPITAAL
H O SPIT A L...
w
Afdeling
W ard.....
L : .............
U
' Trf V
Oud.
Age.
Geslag
Sex
Pasi6nt • Patient
Pasientno.
Patient’s No.
/ / I'
Indelirxj
f/l/t
Classification................... A,.......... .
; e •»
%
Af •
Geneesheer • Doctor
*
i
A D D RESSO G RA PH
Foon
Phone_________________________
OPNEM ING • AD M ISSIO N
Datum
D ale__
Oogeneem deur
irtted b y___
* ‘- '3 -
E
2
Time.
^ortopigie diagnose
Provisional diagnosis............ -............
Handtekening van geneesheer (incfien beskikbaar)
Doctor's signature (if availabte).............................
O N TSLAG •sD JS^ ftA R G E
Tyd
Time..
Datum van ontslag
Date of discharge...
Finale diagnose
Final diagnosis...
Handtekening van geneesheer
Doctor’s signature...................
H O SPfTA ALBEH A N D EU N G G E W E IE R • R EF U S E D HO SPfTALTREATM EN T
-hospitaal op my eie verantwoordelikheid
..Hospital on my own responsibility and
Ek, die ondergetekende, verlaat die
I, the undersigned, leave the............
? strydig met die advies van die behandelende geneesheer.
er*sl
— nst the advice of the attending doctor.
%
Getuies
Witnesses
1.
Handtekening van pasi§nt
Signature of patient..........
2.
Datum
Date ....
Tyd
Time.
Ek, die ondergetekende, neem die pasient
uit die
I, the undersigned, take the patient................................................................................................................................. — ........ out of the
-hospitaal op my eie verantwoordelikheid en strydig met die
...........................................................................................................................Hospital on my own responsibility and against the advice of
advies van die behandelende geneesheer.
the attending doctor.
Getuies
Witnesses
1................................................................................
Handtekening
Signature..........................................................— ......................
2...........................................................................
Datum
Date......................................................
Tyd
Hoedanlgheid
Tim e......................... Capacity.......
Vir besonderhede van behandeling gebruik vorm T.P.H. 3 (a)
For particulars of treatment use from T.P.H. 3 (a)
*
*
„
TPH 3(b)
PROGRESS NOTE - VORDERINGVERSLAG
DATEDATUM
PRO GRESS NOTES —
YO RD ERIN G YERSLA E
INVESTIGATIONS & RESULTS
ONOERSOEKE & UITSLAE
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PROGRESS NOTE - YORDERINGVERSLAG
HOSPITAL
W ARD*
DATE ADMITTED
....................... HOSPITA^L SA A L......................DATUM TOEGELAAT
PATIENT'S No. — PASIENTNO.
PATIENT — PASIENT
AG E — OUDERDON
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PROGRESS NOTES —
IN VESTIGATIO NS I ( U J u U i
QNDEP.SOfKE & UtrSi..*?
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ONDERSOEK/BEHANDELING/VORDERING
EXAMINATION,TREATMENT/PROGRESS
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Datum • Date
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PH **66
IN THE SUPREME COURT OF SOUTH AFRICA
(UITMATER5RAND LOCAL DIVISION)
In the matter between t
VELA. Ntabavikhonjwa Tutu
and
THE MINISTER OF LAM AND ORDER
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 SUDAND
ATTORNEYS FOR PLAINTIFF
33RD FLOOR, KINE CENTRE
1 M COMMISSIONER STREET
JOHANNESBURG
REF : VS/PP/38
TO : THE REGISTRAR OF THE ABOVE
HONOURABLE COURT
-
£
-
AND TO : THE STATE ATTORNEY
DEFENDANTS ATTORNEYS
888 ROYAL ST.MARY’S BUILDING
85 ELOFF STREET
JOHANNESBURG
REF : Mr .Bowen/fe65*t/9£/P5
py hereof on this
f^ffiHOBRY 1993.
IV E l v o V \
’S ATTORNEYS
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vl
6CNAOti-».i VAK
1333 03 2 3
-
r e c e iv e d
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-
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A T T O R NEY. .
V— *
IN THE SUPREM E CO U RT OF SOUTH AFRICA
(W ITWATERSRAND LOCAL DIVISION)
Case Number : 92/26562
In the matter between:
VELA. Ntabavikhonjwa Tutu
Plaintiff
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:
1.
By deleting the citation of the Defendant as "Minister c f 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 Plaintiff’s Particulars of Claim):
"3.2
Alternatively and in the event of it being fo und 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 c f Government Notice No. 13519, Proclamation
No. R2242 of 9 September 1991, the Minister of Law and
Order in terms c f Section 5A(1) of the Public Safety Act,
No. 3 c f 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. R 2243,1991, c f 9 September 1991, the
Minister c f Law and Order in terms c f Section 5A c f the
Public Safety A ct proclaimed certain regulations ("the
Regulations'^. Proclamations R2242 and 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 cf the
Cabinet o f the Republic c f South Africa or any member
of a Security Force by reason c f any act in good faith
advised, commanded, ordered, directed or performed by
any person in the carrying out of his duties or the
exercise c f 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 c f such public
disturbance, disorder, riot or public violence or the
combating or prevention thereof.
3.2.3
The Defendant is a member of the Cabinet c f the
Republic c f South Africa.
3.2.4
The member or members of the South African
Defence Force, as alleged by the Plaintiff to have
assaulted Plaintiff/com m itted
physical
acts
against
the Plaintiff, was a member/were members of a Security
Force, as provided fo r 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 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 c f h is/
their powers or the performance c f 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 FU RTH ER 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 FU RTH ER 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 m atter down for hearing.
DATED AT JOHANNESBURG ON THIS 5th DAY OF MARCH 1993.
85 Eloff Street
JOHANNESBURG
Ref: Mr Bowen/
6654/92/P5
Tel: 29-2961
TO:
THE REGISTRAR OF TH E ABOVE
HONOURABLE COURT
JOHANNESBURG
AND TO:
NICHOLLS & CAMBANIS
Plaintiffs Attorneys
23rd Floor
Kine Centre
Commissioner Street
JOHANNESBURG
Ref: VS/PP/38
Received copy hereof on this the
JJL
day of March 1993.
______ __________________
for:
Plaintiff’s Attorneys
WITHOUT PREJUDICE
TO RIGHTS
IN THE SUPREM E COURT OF SOUTH AFRICA
(W ITW ATERSRANP LQCAL DIVISION)
Case Number : 92/26562
In the matter between:
VELA. Ntabayikhonjwa Tutu
Plaintiff
and
MINISTER OF DEFENCE
Defendant
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.
t
I
Page 2
STATE ATTORNEY
Defendant’s Attorneys
888 Royal St. Mary’s Bldg
85 Eloff Street
JOHANNESBURG
Ref: Mr Bowen/
6654/92/P5
Tel: 29-2961
TO:
THE REGISTRAR OF TH E ABOVE
HONOURABLE COURT
JOHANNESBURG
AND TO:
NICHOLLS & CAMBANIS
Plaintiffs Attorneys
23rd Floor
Kine Centre
Commissioner Street
JOHANNESBURG
Ref: VS/PP/38
P
Received copy hereof on this the
.i? ... day of April 1993.
for:
J& L
lintifT Attorneys
Plaintiffs
W ITHOUT PREJUDICE
TO RIGHTS
IN THE SUPREME COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISION)
Case Number : 92/26562
In the m atter between:
VELA. Ntabavikhonjwa Tutu
Plaintiff
and
MINISTER OF DEFENCE
Defendant
DEFENDANT’S AMENDED PLEA TO PLAINTIFF’S
PARTICULARS OF CLAIM
AD PARAGRAPH 1:
Save to admit that Plaintiff is Ntabayikhonjwa Tutu Vela, Defendant has
no knowledge of the remaining allegations contained in this paragraph,
accordingly denies same and puts Plaintiff to the proof thereof.
AD PARAGRAPH 2:
Defendant admits the contents of this paragraph.
Page 2
3.
AD PARAGRAPH 3 :
Defendant denies the contents of this paragraph and puts Plaintiff to the proof
thereof.
32
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 m ember 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
1992.
Page 3
3.22
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.
3.2.3
The Defendant is a member of the Cabinet of the
Republic of South Africa.
32.4
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 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
t
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.
e
4.
AD PARAGRAPHS 4. 5. 6. 7 and 8
Defendant denies the contents of these paragraphs and puts Plaintiff to the
proof thereof.
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.
W H ER EFO R E Defendant prays that Plaintiffs claim be dismissed with costs.
IN THE SUPREME COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISION)
CASE NO 92/26562
In the matter between:
VELA, NTABAYIKHON JWA TUTU
Plaintiff
and
v
THE MINISTER OF DEFENCE
Defendant
DEFENDANTS 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 he 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.
2.4
How many members of the South African Defence Force assaulted
the Plaintiff?
2.5
Were the members clothed in uniform? If in the affirmative, were they
clothed in:
2.6
2.5.1
neutria ("browns"); or
2.5.2
camouflage uniforms?
The Plaintiff is required to give a description of each of the members
who assaulted him in order to enable the Defendant to identify the said
member(s).
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
broken jaw;
3.1.2
torn lower lip;
3.1.3
swollen left leg;
3.1.4
bruises on both sides of the stomach.
Was the torn lower lip sutured?
What caused the following injuries:
3.3.1
broken jaw;
3.3.2
torn lower lip;
3.3.3
swollen left leg;
3.3.4
bruises on both sides of the stomach.
What was the nature, extent and duration of the treatment to:
4
3.4.1
broken jaw;
3.4.2
torn lower lip;
3.4.3
swollen left leg;
3.4.4
bruises on both sides of the stomach.
4.
AD PARAGRAPH 5
4.1
Plaintiff is requested to state separately the exact nature, duration and
extent of the following disabilities:
4.1.1
the disability to chew;
4.1.2
the disability to walk.
4.2
What caused the disability to walk?
4.3
What caused the disability to chew?
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?
5
5.3
What is the nature, extent and duration of the disfigurement of
Plaintiff’s face?
5.4
What caused the disfigurement of Plaintiff’s face?
DATED at JOHANNESBURG on this
LJLOWIES
Defendant’s Counsels
THE STATE ATTORNEY
Defendant’s Attorney
888 Royal St Mary’s Building
85 Eloff Street
JOHANNESBURG
TEL: 29-2961
REF:
TO:
THE REGISTRAR
OF THE ABOVE HONOURABLE COURT
JOHANNESBURG
6
AND TO:
NICHOLLS CAMBANIS & SUDANO
Plaintiff’s Attorneys
23rd Floor, Kine Centre
Commissioner Street
JOHANNESBURG
REF: MRS C H NICHOLLS
RECEIVED COPY HEREOF ON THE
......... 1 .... DAY OF J tftY 1993.
for: PLAINTIFF'S ATTORNEYS
(ljl\vela.eb)
V s*
TO I
THE SUPERINTENDENT
HOSPITAL
CONSENT TO SUPPLY CONFIDENTIAL MEDICAL REPORT
NAME OF PATIENT I
V I f c lM O / O T u M
^T u ^ca )
IJ
C-A
HOSPITAL REFERENCE NO *
DATE OF TREATMENT
*
°i A p # -\L
1
(jlt-A /U k F e tA tO F&cW AJ#
I, the undersigned,
O/'J 1 ^ 3 - _ _ v € _ tA _ ________
do hereby request and authorize you to give a medical report on
the injuries sustained and treatment received by me, and to
supply copies of all medical records» x-rays and records of any
other form of treatment to my legal representatives : NICHOLLS, CAMBANIS AND SUDANO
23RD FLOOR, KINE CENTRE
"
1^1 COMMISSIONER STREET
JOHANNESBURG
as a matter of urgency.
I have fully considered the implication of my actions and
authorize you to give all my medical records to my legal
representatives or any private doctor they may advise me to see.
SIGNED at
on this the 2*Ac) day of
199<^
i
AS WITNESSES : -
_______________
SIGNATURE OF CONSENTEE OR
RIGHT HAND THUMB
Collection Number: AK2702
Goldstone Commission of Enquiry into PHOLA PARK Records 19921993
PUBLISHER:
Publisher:-Historical Papers, University of the Witwatersrand
Location:-Johannesburg
©2012
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