u AMLER'S PRECEDENTS OF PLEADINGS Citations Related subjects LOCUS STANDI General: Initiating processes must, in terms of the court rules, describe the partis to the litigation properly. Legal standing must appear from the de- Scription of the parties of must otherwise be dealt with, It must also appear ex Jace the initiating documents. Although it is usual to do so, itis not necessary to restate the citation in the particulars of claim or declaration. [Natural persons: Magistrates’ Courts’ rule 6(5) and Uniform rule 17(4) pre scribe the requirements in similar but not identical terms. ‘Magistrates’ Courts’ rule 6(5) states that a summons must (@) show the surname of the defendant by which he or she is knovn to the plaintiff, the defendant's residence or place of business and, when they fre known, his of her first name or initials, eccupation and, in the case fof a woman, marital status, and, ifthe defendant is sued in'a represen | tative capacity the capacity in which he or she issued; (&) show the fist name, surname, occupation and place of residence of the plaineif (©) when the plaintiff sues as a cessionary show the name, address and de- scription of the cedent at the date of the cession, and the date of the (@) when the plaintiff sues in a representative capacity state the capacity in which he or she sues Uniform rule 17(4) requires that every summons must set forth: (a) the name (inchiding, when possible, the first name or initials) by which the defendant is known to the plaintiff, the defendant's residence or place of business and, when known, occupation and, if the defendant is ‘ued in any representative capacity, his or her eapaciy; (b) the plaintiff's fall names, sex and occupation and residence or place of business, and, when the plaintiff sues in a representative capacity, his or her capacity Close corporation: A close corporation is a jurist person with full legal capacity, Close Corporations Act 69 of 1984 82 It must be sued in its own name, and full particulars of its registered address ‘or principal place of business within the jurisdiction of the court concerned. rust be stated. | ‘Companies: A company isa legal entity separate and distint from its mem bers and directors, ‘Companies Act Bl of 1973 $65, {emust sue and be sved in its corporate name. Full particulars of the nature of the company must be stated as must the country of the company's incor- poration and the company’s registered address or (in the case of a defend: nt) principal place of business within the jurisdiction of the court, Companies in liquidation: A liquidator of a company in liquidation may institute or defend legal proceedings on behalf of hat company if authorised to-do so, In addition, the master of the high court or the high court itsellCrrarions 85, may grant the liquidator the necessary powers. In the absence of any such authority, liquidators have no power to bring proceedings in name of, or on behalf of, the company. ‘Companies Act 61 of 1973 8386 ‘Bx pare Venter & Spain NNO: Fordom Factoring Ld intervening Venter © Spain 1» Phe) 1982 (2) SA 94 (D) ‘The liquidator must bring the action in the name of the company, However, a practice has developed according to which such actions are brought in the ‘name of the liquidator in a representative capacity Companies Act 61 of 1973: 386(4) (0) undsrust (Eas Bph (likewise Marie (1996) All SA 574 (C), 1997 (3) sa 470(C) Shepstone & Wylie» Gayser NO [1998] 3 All SA 349 (A), 1986 (8) $A 1036 (sea) ‘This practice is not generally accepted and should be avoided. ‘Bx pave Liquidator Vautid Wear Pars (Pry) Ld in iuidation) 2000 (3) SA. 96, (wy 108 “ruses A. trust isnot legal periona but a lega: institution sui gees Is cts and lbs vest ne tristecs Trusts tughe therfore to be ced co nonin in thei capaci a tees since the tr elf cannot be either Plsindf or defendant Unless one ofthe ustecs authorised bythe others Elf the trees mst be joined in sings all ust be joined when ation isinwited against tus. and and Agate! Dement Bank of SA Parker [2004) 4 ASA 21 (SCA a) S47 (Sead Executors and trustees of estates: A duly appointed executors the legal rep- resentative of the deceased estate. Proceedings by or against the estate must bein the name of the executor acting in this capacity. Du Toit» Vereuien (1972) $ All A 573 (A), 1972 (3) SA.888 (A) ross» Pen: [1906] 4 All SA 63 (A), 1996 (2) SA 617 (SCA) Government and State officials: The citation of ministers of State and public officials in their official capacity is regulated by stauite, They must be cited by their official title and not by name, ‘General Law Amendment Act 62 of 1955s 4 Department of Pubic Works» MS Moor Consrution CC (2006) 4 All SA 585 (sca) In any proceedings against the State, the minister of the department com- cerned should be ctl at te nominal defendant or respondent This aso Spplies toa member ofthe Executive Councl ofa province ‘Site Linh Ac 20 of 195752 sy BEC for War, BC Coveroment [2003] AN SA.283 (SCA), 2004 (2) Soir sal pare 5 In appropriate circumstances the drectorgeneral ofa department may be Ged in hsor her offical expacy ms Ditor Ext Parnas Dior Gol of he Darien of Trade nd Indust (521/200 fe} ZASCA 1 28 Mare 205) Action may also be instituted or defended in the name of the State ‘Di aging son deepal won Saif Sada Vashringrmathpy Zp teu} 1 At Sa HS), 1908 (1) SA585 (0) io «Gave Presa apt (199] Vall SA 84 (1,199, ) BL 25)86 AMLER'S PRECEDENTS OF PLEADINGS Partners, firms and unincorporated bodies: Persons claiming or being sued as partners may sue or be sted in the name of the firm of which they were paftners when the eause of action arose, Any person carrying on business in a ame or siyle other than his or her own name may sue oF be sued in that rname or syle a iit were the name of a firm. The provisions ofthe rule apply ‘mutatis mutandis to an unincorporated company, syndicate or association. ‘Set v Galen Valley Supermarket [2002] 8 All SA 1 (SCA), 2002 (6) SA 297 (sca) Barger v Rand Water Board 2007 (1) SA 30 (SCA) Magistrates’ Courts’ rile 54 (CE Uniform rule 14 ‘A partnership, firm or an association may sue orbe sued in its name. A plain ‘iff suing a partnership or firm need not state the names ofthe partners, ‘A voluntary association for gain is not a valid legal entity if it has more than ‘oventy members, and has no legal standing. ‘Mitchell's Plain Toun Conte Merchants Assocation v MeLaod (1996) 3 AIL SA 207 (A), 1996 (4) SA 159 (SCA) Public corporations: Public corporations are usually created by special stat ute, Their corporate stats and the establishing statute ought to be stated in any relevant pleading, PRECEDENTS Natural persons The plaintif [defendant] is Mary Smith, an adult female bookkeeper, residing at [address] OR havi her busines at (address) OR employed at [addtess], “The plaintiff [defendant] is Mary Smith, an adult female bookkeeper, residing at [address} OR having her busines at [adaress} OR employed at (address, who states this action [who is sed] inher capacity as mother and sole guardian of her minor son, Join Smith. “The defendant is M Smith, an adult female whose further pariculay are not known to the phintfff [addeess) Close corporations “The plaintif [defendant] is] Smith OC, a close corporation, incorporated in terms ofthe Close Corporations Act 69 of 1984, with its registered office at [address] OR wth is principal place of business within the juricicton ofthis court a [addres], Companies ‘The plainsif [defendane] is] Smith & Co (Py) Lid, a company with limited Hable, incorpor ated in terms of the Companies Act 61 of 1973, wih is registered fice at [address] OR with is principal place of busines within the jurisdiction ofthis court at [adds Companies in liquidation “Te plain [defendant iJ Smith & Co (Py) Lt, a company in liquidation by order of court, [del], herein represented by its duly appointed liquidator [name, address and detail of appointment) “The plaintif (defendant) is {name of liquidator], herein cited ic his eapaciy ax doly appointed liquidator of Smith &¢ Co (Py) Ltd, company in quidation byorder of court (detailCLost CORPORATIONS. 87 Government and State officials ‘The plain [defendand) is the Republic of South Africa, herein represented by the Minister of [department], acting in her/his oficial capac. ‘The plain (defendant) i the Present of South Afica/Minister of [department] /Premicr of the Province of (name]/Director General of (department), sting in her/his offical capacity, Partnerships, firms and associations ‘The plaintiff (defendant) is Omega Trading, a partnership [frm] wading a retailers and having its place of business at [addres] The plains [defendant] is Gauteng Tennis Chub, a voluntary association and tennis cub, of [adatess). Public corporations ‘The plaintiff (defendand] is the South African Inventions Develosment Corporation, 2 body corporate established by ection 2of the Inventions Deselopment At 31 of 1962, ‘The plains (defendant) is Telkom SA Lid, a public company con-emplated in section 8(1) of the Post Ofice Act 44 of 1958, ‘The plaintif (defendant) is Transnet Lid, 2 public company incorporated in terms ofthe Legal Succession to the South Aftian Transport Services Act 9 of 1989 read withthe Ci S1of 1973, Close corporations Related subject: COMPANIES Posidon of members: Every member of a close corporation assumes re- latonthip of trust with regard tothe corporation. & member isa comaneger of the corporation and ented to partcpate in te control ofthe Corpor Son's business A member who conducts & transaction relating to the odin- dry bisinem ofthe clo corporation act comanager ofthe corporation hd therefore also in the course ofhis or her busines seach. AmalgmatelHank of Sth Ae Bp De Cad (197) AD SA A27 (A) ior a Stor we Citation: A close corporation i ajurstic person with full legal capacity (Close Corporations Act 69 of 1984 32 ‘Maier w Cou ota Saco (SA) (Py) L1d 1908 (2) 5A 824 (SE) must sue and be sued in its own name, ‘See CITATIONS Jurisdiction: Any high court or magistrate's court within whose area of juris: ‘iction the registered office or the main place of business of the close cor- poration is situated has jurisdiction for puxposes ofthe Act. (Ghose Corporations Act B9 of 1984 87 In other respects, the ordinary rules relating to jurisdiction apply. For in- stance, a high court has jurisdiction over a close corporation “residing oF being in and in relation to all causes arising” withie that courts area of juris. diction, (Close Corporations Act 69 of 1984 19(1)(2) Derivative action: A derivative action on behalf of the corporation is permit. ted in the sense that any member may institute proceedings, on behalf of the