On 8 April 2011 this court granted a judgment by default in favour of the first respondent against the Minister of Trade and Industry, the applicant, for payment of damages in the sum of R15 million. The first respondent claimed this amount as damages for defamation. On 8 June 2011 the applicant launched this application in terms of Rule 31(2)(b) for an order setting aside the default judgment granted on 8 April 2011 and on 13 June 2011 the first respondent’s attorney, Mr. S.N. Molele of SN Molele Incorporated delivered a notice of intention to oppose and the first respondent’s opposing affidavit. The applicant did not deliver a replying affidavit and on 5 July 2011 Mr. Molele delivered a notice of set down for hearing on the opposed roll of 22 August 2011. The first respondent’s attorney filed a practice note and heads of argument but the applicant did neither. The first respondent seeks an order dismissing the application with costs on the scale as between attorney and client.
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