Songo v Minister of Police and Others

The appellant, Simon Songo, was convicted in 2009 on two counts of murder and sentenced to 18 years’ imprisonment. In 2015 his conviction was overturned on appeal and he was released. He subsequently instituted a delictual damages action in the Gauteng Division of the High Court against the Minister of Police, the National Director of Public Prosecutions, and the Minister of Justice and Correctional Services. The respondents raised several special pleas, including non-compliance with statutory notice requirements, absence of a cause of action, and misjoinder of the third respondent. While some special pleas were abandoned or dismissed, the High Court upheld the special plea of misjoinder and postponed determination of the special pleas alleging no cause of action. The appellant appealed against that order.

The appeal was upheld with costs. The order of the High Court upholding the sixth special plea of misjoinder was set aside and replaced with an order dismissing that special plea with costs. The matter was remitted to the High Court for determination of the fourth and fifth special pleas.

The case reinforces core principles of South African appellate procedure, particularly that a court of first instance must decide all issues before it and that appellate courts cannot entertain appeals on matters not finally determined. It also underscores the limits of appealability under Zweni and cautions against deciding issues such as misjoinder prematurely where the substantive cause of action has not yet been determined.