Banda v Department of Police, Roads and Transport (2936/2023) [2024] ZAFSHC 404 (12 December 2024)

Banda v Department of Police, Roads and Transport (2936/2023) [2024] ZAFSHC 404 (12 December 2024)

The court found that the applicant failed to serve the required notice within the prescribed six-month period, only doing so nearly two years after the cause of action arose. The explanation provided by the applicant—that he was unaware of his rights until hearing a radio programme—was rejected as farfetched and untenable, as ignorance of the law is not an excuse. The respondent demonstrated that the delay prejudiced its ability to investigate the incident due to subsequent road repairs. The applicant did not provide a sufficiently full explanation for the delay, nor did he discharge the onus to show that all statutory requirements for condonation were met. Consequently, the court was not...

Citation
[2024] ZAFSHC 404
Parties
Applicant: Modise Simon Banda; Respondent: Department of Police, Roads and Transport
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 December 2024
Case Number
2936/2023
Procedural Posture
Condonation Application / Application for Condonation for Late Notice Under S 3 of the Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Application for condonation dismissed; costs awarded against the applicant.
Judges
Mahlatsi AJ
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Late Notice, Prejudice, Prescription
Civil Procedure Administrative Law Condonation Institution of Legal Proceedings Against Organs of State Act Late Notice Prejudice Prescription

Case Brief

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Parties

Modise Simon Banda

Applicant

Department of Police, Roads and Transport

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Notice Under S 3 of the Institution of Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of notice under section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act.
  2. 2 Whether the respondent has suffered unreasonable prejudice due to the delay.
  3. 3 Whether the applicant's explanation for the delay is acceptable and satisfactory.

Ratio Decidendi

The court found that the applicant failed to serve the required notice within the prescribed six-month period, only doing so nearly two years after the cause of action arose. The explanation provided by the applicant—that he was unaware of his rights until hearing a radio programme—was rejected as farfetched and untenable, as ignorance of the law is not an excuse. The respondent demonstrated that the delay prejudiced its ability to investigate the incident due to subsequent road repairs. The applicant did not provide a sufficiently full explanation for the delay, nor did he discharge the onus to show that all statutory requirements for condonation were met. Consequently, the court was not...

Court Disposition

Application for condonation dismissed; costs awarded against the applicant.

Orders

  • The application for condonation for the late filing of notice in terms of section 3(2)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 is dismissed.
  • The applicant is ordered to pay the costs of this application.