Davids v Coetzee and Others (CA&R 42/2017) [2018] ZANCHC 96 (29 June 2018)

Davids v Coetzee and Others (CA&R 42/2017) [2018] ZANCHC 96 (29 June 2018)

The court held that the appellant failed to provide a sufficiently full and satisfactory explanation for the lengthy delays between the dates the debts became due (release from detention) and the service of notice required under section 3 of the Institution of Legal Proceedings against Certain Organs of State Act. The explanation did not cover the periods of inaction and was vague regarding the particulars allegedly needed. The court rejected the argument that the debts only became due upon termination of criminal proceedings, finding instead that they were due at the latest upon release. The appellant did not demonstrate strong prospects of success or substantiate the absence of...

Citation
[2018] ZANCHC 96
Parties
Appellant: Daniel Davids; Respondent: Henco Coetzee; Respondent: Gerhard Swartz; Respondent: Mapogo Security Services; Respondent: Minister of Safety and Security (Minister of Police)
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
29 June 2018
Case Number
CA&R 42/2017
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Condonation Application for Late Notice Under Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Appeal dismissed with costs.
Judges
Williams, Olivier
Legal Topics
Institution of Legal Proceedings Act, Condonation, Unlawful Arrest, Unlawful Detention, Good Cause Requirement
Civil Procedure Delict Institution of Legal Proceedings Act Condonation Unlawful Arrest Unlawful Detention Good Cause Requirement

Case Brief

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Parties

Daniel Davids

Appellant

Henco Coetzee

Respondent

Gerhard Swartz

Respondent

Mapogo Security Services

Respondent

Minister of Safety and Security (Minister of Police)

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Condonation Application for Late Notice Under Institution of Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether the appellant established good cause for condonation of late notice under section 3 of the Institution of Legal Proceedings against Certain Organs of State Act.
  2. 2 Whether the debts (claims for unlawful arrest and detention) became due only upon termination of criminal proceedings or upon release from detention.
  3. 3 Whether the appellant provided a sufficiently full explanation for the delay in serving notice.

Ratio Decidendi

The court held that the appellant failed to provide a sufficiently full and satisfactory explanation for the lengthy delays between the dates the debts became due (release from detention) and the service of notice required under section 3 of the Institution of Legal Proceedings against Certain Organs of State Act. The explanation did not cover the periods of inaction and was vague regarding the particulars allegedly needed. The court rejected the argument that the debts only became due upon termination of criminal proceedings, finding instead that they were due at the latest upon release. The appellant did not demonstrate strong prospects of success or substantiate the absence of...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.