Alberts and Others v The Minister of Justice and Correctional Services

A total of 138 plaintiffs, all detainees at St Albans Medium B Correctional Centre, instituted a single action against the Minister of Justice and Correctional Services. Each plaintiff alleged that on 1 and 2 March 2014 they were assaulted by correctional services officials using batons, hands and feet. While the assaults occurred at the same correctional centre over the same two-day period, the plaintiffs alleged differing injuries and damages. Each plaintiff claimed R500 000 in general damages. The Minister raised a special plea alleging irregularity in the summons (because 138 sets of particulars of claim were attached) and misjoinder, contending that the plaintiffs’ claims did not depend on substantially the same questions of fact or law.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order dismissing the special plea and directing the Minister to pay the costs arising from the special plea.

The judgment clarifies the application of rule 10(1) of the Uniform Rules of Court and affirms a flexible, pragmatic approach to joinder of parties in South African civil procedure. It underscores that claims need only involve substantially overlapping factual or legal issues and highlights convenience and absence of prejudice as key considerations. The case discourages technical objections that impede access to justice in mass claims arising from common events.