South Africa Law

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I would like. I am from south africa, eastern cape. I

Hi. I would like ...

Hi. I would like

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Good afternoon. I am from south africa, eastern cape. I recently instituted a civil claim against the minister of police for malacious prosecution. And the time frame set for their response has elapsed for close to 2months now. I would like to knw wat can i do now?

Lawyer's Assistant: Has anything been filed or reported?

Yes it was it was reported and a letter of demand was sent to the minister of police.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. if the time has elapsed for them to pay me or we should of gone to court what should i do to make the process abit quicker.?

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Answered in 11 minutes by:
12/6/2017
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Do you mind if I take a moment to review your question? I will come back to you shortly!

CaseLaw

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Customer reply replied 7 months ago
No i do not mind. I would realy like as much clarity on this issue

Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.
When you say that you've "instituted a civil claim against the minister of police", I am assuming that you have had a summons issued at the Court and that the summons was served on the minister of police.

If the minister has NOT yet filed a notice to defend, then you can apply (at court) for a default judgment to be entered against the minister. You'll need to provide the clerk of the court with a copy of the Sheriff's return of service proving that the summons was served, and you'll need to explain to the clerk exactly when the summons was served, and when the time period expired for the defence, and ask the clerk to grant the judgment.

If the minister DID file a notice to defend, then I assume that you are waiting on the minister's Plea (defence) to be served. If the minister has not yet filed his plea, you can file a notice of default on the minister demanding the plea within 5 days, failing which judgment will be granted.

There is no reason why the minister should be entitled to drag this out for 2 months without doing anything.

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!
Good luck and best regards,
CaseLaw

CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified
CaseLaw and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 months ago
According to my understanding the minister had to reply before the 10 of november 2017 or pay the money. As to are we going to proceed with the case in court or whar he want to do and he has done neither of the two. I would also like to know what other steps can i take to further make this matter smother and quicker?

You don't give me any information about whether you've issued a summons; or had it served; or whether the minister has defended the summons; or filed a plea. So it's hard for me to expand on my answer....

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