Van Wyk v NCS Commissioner General Hamunyela [2020] NAHCMD 368 (21 August 2020)

Van Wyk v NCS Commissioner General Hamunyela [2020] NAHCMD 368 (21 August 2020)

The applicant failed to serve or plead the requisite statutory written notice under section 133(4) of the Correctional Services Act 9 of 2012, which is a mandatory precondition for instituting civil action. The application does not disclose a cause of action and must be dismissed on this technical ground.

Citation
[2020] NAHCMD 368
Parties
Applicant: Albertus van Wyk; First Respondent: Namibia Correctional Service Commissioner General: Raphael Hamunyela; Second Respondent: Minister of Safety and Security: Charles Namoloh; Third Respondent: Deputy Commissioner General: T Angula; Fourth Respondent: Officer in Charge: Hardap Correctional Facility Deputy Commissioner: L Muhundu
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
21 August 2020
Procedural Posture
Civil Application / Judgment on Preliminary Objection (statutory Notice)
Outcome
Application dismissed
Legal Topics
Statutory Notice Requirements, Correctional Services Act Compliance, Preliminary Objections, State Liability
Source Language
English
Administrative Law Prison Law Civil Procedure Statutory Notice Requirements Correctional Services Act Compliance Preliminary Objections State Liability

Case Brief

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Parties

Albertus van Wyk

Applicant

Namibia Correctional Service Commissioner General: Raphael Hamunyela

First Respondent

Minister of Safety and Security: Charles Namoloh

Second Respondent

Deputy Commissioner General: T Angula

Third Respondent

Officer in Charge: Hardap Correctional Facility Deputy Commissioner: L Muhundu

Fourth Respondent

Procedural Posture

Civil Application / Judgment on Preliminary Objection (statutory Notice)

Legal Issues

  1. 1 Whether failure to serve statutory notice under section 133(4) of the Correctional Services Act 9 of 2012 bars the applicant's claim
  2. 2 Whether the application discloses a cause of action in light of non-compliance with statutory preconditions

Ratio Decidendi

The applicant failed to serve or plead the requisite statutory written notice under section 133(4) of the Correctional Services Act 9 of 2012, which is a mandatory precondition for instituting civil action. The application does not disclose a cause of action and must be dismissed on this technical ground.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • There will be no order as to costs.