The Western Cape Division of the High Court, Cape Town handed down judgment in Van der Walt v Du Plessis on 4 June 2026. The judgment addressed two issues. The first was whether an email sent by the defendant to the plaintiff’s attorneys on 23 September 2025 complied with Rule 22 of the Uniform Rules of Court and could therefore be accepted as the defendant’s plea. The second was whether in the absence of a valid plea, the plaintiff’s summary judgment application under Rule 32 was premature and fell to be dismissed.
Factual background
Ms Joey Van der Walt (“the plaintiff”) instituted action against Ms Burgert Wynand du Plessis (“the defendant”) . The defendant filed a notice of intention to defend but, instead of filing a formal plea, he emailed the plaintiff’s attorneys on 23 September 2025 with what he regarded as his defence. The defendant also alleged that he sent an email with a counterclaim on 13 October 2025. On 7 November 2025, the defendant sent a follow-up email asking: “I
