Bidvest Protea Coin Security (Pty) Ltd v Mabena

During a protected strike at the Wonderfontein mine in April 2016, striking workers, including the respondent Mr Mabena, were picketing in a designated area. After a harvester entered the area and an altercation ensued, employees of the applicant, Bidvest Protea Coin Security (Pty) Ltd, advanced on the workers and fired rubber bullets. Mr Mabena was struck in the left eye by a rubber bullet while fleeing into nearby bushes, resulting in permanent loss of sight. Mr Mabena sued Bidvest for delictual damages. The trial court separated liability and quantum and held Bidvest 100% liable. An appeal to the full court failed. Bidvest’s subsequent petition for special leave to appeal to the Supreme Court of Appeal was refused. Bidvest then sought reconsideration of that refusal under s 17(2)(f) of the Superior Courts Act 10 of 2013.

The matter was struck from the roll, and the applicant was ordered to pay the respondent’s costs incurred in opposing the application for reconsideration.

The case clarifies the interpretation of s 17(2)(f) of the Superior Courts Act by confirming that exceptional circumstances are a jurisdictional fact to be determined by the court, not conclusively by the President of the Supreme Court of Appeal. It reinforces the principle of finality in appellate proceedings and underscores the high threshold required to reopen a refusal of special leave to appeal.