Daniso and Others v Minister of Police (EL840/2020) [2024] ZAECELLC 51 (27 September 2024)

Daniso and Others v Minister of Police (EL840/2020) [2024] ZAECELLC 51 (27 September 2024)

The court found that the applicants only became aware of their entitlement to claim and the requirement to give statutory notice on 20 February 2020, upon consulting their attorney. The debt in respect of Claim A thus became due on that date, and the statutory notices were dispatched promptly thereafter. The discrepancy in the dates of the notices and proof of posting was accepted as a typographical error, and the respondent did not deny receipt or claim prejudice. The court declared that the applicants had complied with the notice requirements under section 3(1) of ILPACOSA for both claims and granted leave to continue with the proceedings. The application for punitive costs was...

Citation
[2024] ZAECELLC 51
Parties
Applicant: Sizeka Iris Daniso; Applicant: Peliswa Vakele; Applicant: Makhi Sam; Respondent: Minister of Police
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
27 September 2024
Case Number
EL840/2020
Procedural Posture
Urgent Application / Application for Condonation Under Section 3(4)(a) of ILPACOSA Prior to Trial
Outcome
Application for condonation granted; applicants declared to have complied with statutory notice requirements; leave granted to continue proceedings; each party to bear their own costs.
Judges
Hartle
Legal Topics
Institution of Legal Proceedings Against Organs of State Act, Malicious Arrest and Detention, Malicious Prosecution, Statutory Notice Requirements, Condonation, Costs Orders
Civil Procedure Delict Institution of Legal Proceedings Against Organs of State Act Malicious Arrest and Detention Malicious Prosecution Statutory Notice Requirements Condonation Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Sizeka Iris Daniso

Applicant

Peliswa Vakele

Applicant

Makhi Sam

Applicant

Minister of Police

Respondent

Procedural Posture

Urgent Application / Application for Condonation Under Section 3(4)(a) of ILPACOSA Prior to Trial

Legal Issues

  1. 1 Whether the applicants complied with the statutory notice requirements under section 3(1) of ILPACOSA for both claims.
  2. 2 Whether condonation should be granted for late service of statutory notice regarding Claim A (malicious arrest and detention).
  3. 3 Whether the applicants are entitled to punitive costs against the respondent.

Ratio Decidendi

The court found that the applicants only became aware of their entitlement to claim and the requirement to give statutory notice on 20 February 2020, upon consulting their attorney. The debt in respect of Claim A thus became due on that date, and the statutory notices were dispatched promptly thereafter. The discrepancy in the dates of the notices and proof of posting was accepted as a typographical error, and the respondent did not deny receipt or claim prejudice. The court declared that the applicants had complied with the notice requirements under section 3(1) of ILPACOSA for both claims and granted leave to continue with the proceedings. The application for punitive costs was...

Court Disposition

Application for condonation granted; applicants declared to have complied with statutory notice requirements; leave granted to continue proceedings; each party to bear their own costs.

Orders

  • It is declared that the applicants have complied with the notice contemplated in terms of section 3(1)(a) of ILPACOSA in respect of both Claims A and B.
  • The applicants are granted leave to continue with the legal proceedings commenced under case no. 840/2020.