Cassimjee v Minister of Finance

In 1977 officials of the Department of Customs and Excise seized two fuel tankers belonging to Mohammed Cassimjee, who operated a transport business. Cassimjee instituted an action in November 1977 against the Commissioner for SARS seeking return of the tankers or their value, together with damages for loss of use. Pleadings progressed until about 1981, after which the matter lay dormant for approximately 20 years. Sporadic and ineffective steps were taken from 2001 onwards, including a premature attempt to enrol the matter for trial and an abortive attempt to amend the particulars of claim. In 2006 the respondent applied for dismissal of the action for want of prosecution, contending that the extraordinary delay caused serious and irremediable prejudice. The High Court dismissed the action, and Cassimjee appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, confirming the dismissal of the action for want of prosecution and the dismissal of the rule 30 application.

The case is a leading South African authority on dismissal of civil actions for want of prosecution. It affirms the inherent jurisdiction of courts, reinforced by s 173 of the Constitution, to prevent abuse of process through excessive delay. The judgment consolidates the requirements of inordinate delay, inexcusable delay, and serious prejudice, and provides guidance on balancing the right of access to courts under s 34 with the need for finality and fairness in litigation.