Judgment No. SC 47/18 Civil Appeal No. SC 695/15 It is trite that any document may be made the subject of a subpoena duces tecum if it is or may be relevant to the conduct of the litigation by the party seeking its production. That said, a subpoena duces tecum must have a legitimate purpose. (The unreported judgment of MARAIS J in the WLD Wachsberger v Wachsberger on 8 May 1990 in case No 8963/90 and the unreported judgment of PLEWMAN J in the WLD on 6 October 1993 in the case of Lincoln v Lapperman Diamond Cutting Works (Pty) Ltd 17411/93) What can be gleaned from the above remarks is that a court should not permit a subpoena duces tecum to be used to pursue a motive other than the securing of evidence by the party requiring it which is important to advance its case. In other words, the party seeking to issue a subpoena duces tecum should show that it has a legitimate purpose. In the court a quo the first respondent was able to show that the classification by the second respondent of parts of base stations imported by the first appellant is relevant to the classification of the same equipment determination or not the of whether imported by other importers. second respondent This is important in the is discriminating against the first respondent which is the substance of pending proceedings before the Fiscal Appeal Court. However, given the background to the dispute between the two parties, the scope of the subpoena is questionable. The first appellant is required, in terms of the subpoena, to produce to the court and to the first respondent documents dating back to 1998 in a matter that involves importation of base station components during the period extending from 2009 to 2013. The