IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NO: 2022-060546

In the matter between:

NIZAM’S Applicant
(Registration Number:) T/A NIZAM’S

and

RESILIENT First Respondent

(Registration Number: )

NAD PROPERTY
(Registration Number: Second Defendant

DISCOVERY AFFIDAVIT

I, the undersigned,

do hereby make oath and state that:-

1. I am an adult _____ and I am the ________________ for the Plaintiff.

2. I am duly authorised to depose to this affidavit on behalf of the Plaintiff.
3. The facts herein contained, save where otherwise indicated, and are within my
own personal knowledge and to the best of my belief, both true and correct.
4. The Plaintiff are in possession of the documents relating to the matters in
question in this case set forth in Schedules A and Schedule B hereto.

5. The Plaintiff object to producing the documents set forth in Schedule B, for the
reason that the aforesaid documents are privileged for the following reasons:-

5.1 Correspondence of the Defendant containing communications of a privileged nature

with the object of obtaining legal advice in relation to the matter in question in this

action prior to, in contemplation of and during the continuance of these proceedings.

5.2 Instructions to Counsel, cases for the opinion of Counsel, documents given upon

such instructions and briefs to Counsel which came into existence prior to, in

contemplation of and during the continuance of these proceedings solely for the

purposes of obtaining legal advice in relation to these proceedings and which are by

their nature privileged.

5.3 All "without prejudice" correspondence with the object of settling the matters in

question in this action.

5.4 Statements of witnesses and correspondence and documents in relation to the

evidence to be used in relation to information which might lead to the obtaining of

such evidence as well as my own statements.

5.5 Privileged attendances and memoranda in respect of communications between the

Defendant and witnesses.

6. According to the best of my knowledge and belief, Defendant has not now nor ever had in its
possession, custody or power, or in the possession, custody or power of their agent or any other
person on its behalf, any documents, or copy of, or extract from any documents, relating to any
 matters in question in this case, other than the documents set forth in the Schedules A and B
hereto.

_______________________

SIGNED and SWORN TO before me, at JOHANNESBURG on this ____ day

of________________2023 by the Deponent who has acknowledged that he knows and understands the
contents of this Affidavit and he has declared that he has no objection to taking the oath, and he regards
the oath as binding on his conscience and he has uttered the following words: - "I swear that the
contents of this Affidavit are true, so help me God."

___________________________
COMMISSIONER OF OATHS
FULL NAMES:-
BUSINESS ADDRESS:-
OCCUPATION:-

SCHEDULE A

ITEM NO. DATE DESCRIPTION O C

PLEADINGS AND NOTICES

 1. Various All Pleadings, Notices and other documentation filed of
record under Case Number 5348/2021in the Magistrates
Court of Randburg

CORRESPONDENCE
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.

38. X
39. X
40. X
41. X
42. X
43. X
44. X
45. X
46. X
47. X
48. X
49. X
50. X
51. X
52. X
53. X
54. X
55. X
56. X
57. X
58. X
59. X
60. X
61.
62.
63.
64.
65.
 66.

SCHEDULE B

1. Correspondence as between Attorney and client between the period of inception of this matter to
final end and determination of the action, which correspondence is:-

1.1 Confidential between Attorney and Client;

1.2 For the purpose of contemplated pending or existing litigation; and

1.3 To obtain the service of advice of such Attorney.

2. Without prejudice correspondence between the Defendant's Attorneys and Plaintiff’s Attorneys
between the period of inception of this matter to the final end and determination of the action and
same being privileged by reason of its very nature.

3. Briefs and instructions to Counsel between the period of inception of this matter to the final end
and determination of the action, same being privileged as a communication made in professional
confidence of Counsel including :-

3.1 Items privileged as between Attorney and his client;

3.2 Notes and memoranda;

3.3 Statement of witnesses made for the purposes of litigation but excluding copies of
pleadings.

4. Statements of witnesses same being privileged :-

4.1 As having come to existence and having been made confidentially for the purpose of
contemplated pending or existing litigation; and/or

4.2 Information for the use of client's legal advisors to enable them to act hereon or advise
their client thereon.
5. Notes and memoranda between the inception of this matter to the final end and determination of
the action, the same being privileged:-

5.1 As having come into existence for the purpose of contemplated, pending or existing
litigation; and/or

5.2 Being information for the use of client's legal advisors to enable them to act thereon or
advise their client thereon.

6. Documents which were disclosed as the parties evidence being privileged by virtue of their
nature as evidence but excluding documents needed for and capable of discovery.