Special Investigating Unit v All-Out Trading (Pty) Ltd and Others ; Special Investigating Unit v Digital Vibes (Pty) Ltd and Others (Joinder Application) (KN03/2022) [2022] ZAST 69 (8 March 2022)

Application for joinder – whether the Special Investigating Unit (SIU) makes out the case for joinder.

The test for joinder – whether the respondents have a direct and substantial interest that may be prejudicially affected by the Court’s judgment in the proceedings in which the proposed respondents are sought to be joined. Johannesburg Society of Advocates v Nthai 2021 (2) SA 343 (SCA) at [31] applied - whether the SIU’s cause of action against the proposed respondents is so patently unfounded that even if it has disclosed a course of action, it would not obtain the relief it seeks against the proposed respondents in the review application. Mercantile Bank Ltd V Carlisle and Another 2002 (4) SA 886 (W) at 889I-J.
Held: the SIU’s allegations against the proposed respondents meet the test for joinder of the proposed respondents. If granted, the order sought against the proposed respondents cannot be carried out without prejudicially affecting them.

The facts appear in the judgment.