Church v MEC: Free State Provincial Government: Department of Public Works and Infrastructure (527/2022) [2024] ZAFSHC 148 (28 May 2024)

Church v MEC: Free State Provincial Government: Department of Public Works and Infrastructure (527/2022) [2024] ZAFSHC 148 (28 May 2024)

The court found that the applicant's claim had not prescribed and that the delay in serving notice was due to a bona fide but mistaken belief regarding the Act's applicability. The applicant's explanation was accepted as sufficient and not mala fide. The respondents were not unreasonably prejudiced, as they had been in constant communication with the applicant and were aware of the issues. Changes in personnel and document availability were considered inevitable and did not amount to unreasonable prejudice. The merits of the applicant's claim were not devoid of substance, and the matter should be ventilated in court. Accordingly, condonation was granted for the late notice, and each party...

Citation
[2024] ZAFSHC 148
Parties
Applicant: Christian Revival Church; Respondent: MEC: Free State Provincial Government: Department of Public Works and Infrastructure
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 May 2024
Case Number
527/2022
Procedural Posture
Condonation Application / Opposed Application for Condonation Under Sec 3(4) of the Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Condonation granted for the applicant's failure to serve notice within the prescribed period under section 3(1)(a) of the Act. Each party to pay its own costs.
Judges
Reinders
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Late Notice, Good Cause, Unreasonable Prejudice
Civil Procedure Administrative Law Condonation Institution of Legal Proceedings Against Organs of State Act Late Notice Good Cause Unreasonable Prejudice

Case Brief

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Parties

Christian Revival Church

Applicant

MEC: Free State Provincial Government: Department of Public Works and Infrastructure

Respondent

Procedural Posture

Condonation Application / Opposed Application for Condonation Under Sec 3(4) of the Institution of Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether condonation should be granted for the applicant's failure to serve notice within the prescribed period under section 3(1)(a) of the Act.
  2. 2 Whether the applicant has established good cause for non-compliance with the Act.
  3. 3 Whether the respondents will suffer unreasonable prejudice due to the delay in serving the notice.

Ratio Decidendi

The court found that the applicant's claim had not prescribed and that the delay in serving notice was due to a bona fide but mistaken belief regarding the Act's applicability. The applicant's explanation was accepted as sufficient and not mala fide. The respondents were not unreasonably prejudiced, as they had been in constant communication with the applicant and were aware of the issues. Changes in personnel and document availability were considered inevitable and did not amount to unreasonable prejudice. The merits of the applicant's claim were not devoid of substance, and the matter should be ventilated in court. Accordingly, condonation was granted for the late notice, and each party...

Court Disposition

Condonation granted for the applicant's failure to serve notice within the prescribed period under section 3(1)(a) of the Act. Each party to pay its own costs.

Orders

  • The application succeeds.
  • Condonation is granted for the applicant's failure to serve the notice contemplated in section 3(1)(a) of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 within the period laid down in section 3(2) of the Act.