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ARTICLE · 04 AUGUST 2026

Joining A Defendant After Death: Why It Doesn’t Save An Extinguished Claim

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The Gauteng High Court examined whether a non-patrimonial damages claim against the National Director of Public Prosecutions could survive the claimant's death when the NDPP was joined to proceedings...

South AfricaLitigation, Mediation & Arbitration
Lesetja Mochaki
Lesetja Mochaki
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The Gauteng Division of the High Court, Pretoria, recently had to decide an issue in the judgment of Maoto N.O v Minister of Police (54912/2014) concerning the transmissibility of a non-patrimonial damages claim to a deceased estate in circumstances where the joinder of a party to the main proceedings post-dated the death of the deceased.

Factual Exposition

On 14 August 2014, the deceased instituted a claim for damages against the Minister of Police (“first defendant”), Constable Johannes Lelaka (“second defendant”) and the Minister of Justice and Constitutional Development (“third defendant”). The claim was based on his unlawful arrest and detention, and malicious prosecution (“the action proceedings”).

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