Pitsi v Commander Lesotho Defence Force (CIV/T/395/2021) [2022] LSHC 2 (21 February 2022)

Pitsi v Commander Lesotho Defence Force (CIV/T/395/2021) [2022] LSHC 2 (21 February 2022)

Section 6 of the Government Contracts and Proceedings Act is mandatory and bars any action against the State after two years from accrual of the cause of action. The court has no discretion to condone late filing beyond this statutory period; Rule 59 does not override the statute.

Citation
[2022] LSHC 2
Parties
Plaintiff: `Mathabiso Pitsi; 1st Respondent: The Commander, Lesotho Defence Force; 2nd Respondent: The Minister of Defence; 3rd Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
21 February 2022
Case Number
CIV/T/395/2021
Procedural Posture
Condonation Application (civil) / Ruling on Condonation Application
Outcome
condonation application dismissed with costs
Legal Topics
Condonation, Prescription, Statutory Limitation
Source Language
English
Civil Procedure Government Liability Condonation Prescription Statutory Limitation

Case Brief

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Parties

`Mathabiso Pitsi

Plaintiff

The Commander, Lesotho Defence Force

1st Respondent

The Minister of Defence

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Condonation Application (civil) / Ruling on Condonation Application

Legal Issues

  1. 1 Whether the court can condone the late filing of summons against the State after the statutory limitation period under the Government Contracts and Proceedings Act No. 4 of 1965 has expired.

Ratio Decidendi

Section 6 of the Government Contracts and Proceedings Act is mandatory and bars any action against the State after two years from accrual of the cause of action. The court has no discretion to condone late filing beyond this statutory period; Rule 59 does not override the statute.

Court Disposition

condonation application dismissed with costs

Orders

  • The condonation application is dismissed with costs.