E.S v MEC for Department of Health, Eastern Cape Province (529/2022) [2025] ZAECBHC 11 (15 May 2025)

E.S v MEC for Department of Health, Eastern Cape Province (529/2022) [2025] ZAECBHC 11 (15 May 2025)

The court found that the applicant only acquired the necessary knowledge of the facts giving rise to her claim and the identity of the debtor on 15 August 2021, when she received legal advice. The statutory notice was served within six months of this date, satisfying the requirements of section 3(2) of the Institution of Legal Proceedings Against Certain Organs of State Act, 2002. The respondent failed to provide evidence that the applicant could have acquired such knowledge earlier. The applicant is therefore entitled to a declarator confirming compliance with the Act. The court also permitted the filing of the applicant's supplementary affidavit and found that the respondent's...

Citation
[2025] ZAECBHC 11
Parties
Applicant: E[...] S[...]; Respondent: MEC for Department of Health, Eastern Cape Province
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
15 May 2025
Case Number
529/2022
Procedural Posture
Interlocutory Application / Application for Declaratory Relief And/or Condonation Prior to Trial
Outcome
Declarator granted in favour of the applicant; condonation for supplementary affidavit granted; costs awarded against the respondent.
Judges
Hartle
Legal Topics
Institution of Legal Proceedings Against Organs of State Act, Prescription, Medical Negligence, Condonation, Statutory Notice Requirements
Civil Procedure Delict Institution of Legal Proceedings Against Organs of State Act Prescription Medical Negligence Condonation Statutory Notice Requirements

Case Brief

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Parties

E[...] S[...]

Applicant

MEC for Department of Health, Eastern Cape Province

Respondent

Procedural Posture

Interlocutory Application / Application for Declaratory Relief And/or Condonation Prior to Trial

Legal Issues

  1. 1 Whether the applicant complied with section 3(2) of the Institution of Legal Proceedings Against Certain Organs of State Act, 2002.
  2. 2 Whether the applicant is entitled to condonation for late delivery of statutory notice.
  3. 3 Whether the applicant's claim has prescribed under the Prescription Act.

Ratio Decidendi

The court found that the applicant only acquired the necessary knowledge of the facts giving rise to her claim and the identity of the debtor on 15 August 2021, when she received legal advice. The statutory notice was served within six months of this date, satisfying the requirements of section 3(2) of the Institution of Legal Proceedings Against Certain Organs of State Act, 2002. The respondent failed to provide evidence that the applicant could have acquired such knowledge earlier. The applicant is therefore entitled to a declarator confirming compliance with the Act. The court also permitted the filing of the applicant's supplementary affidavit and found that the respondent's...

Court Disposition

Declarator granted in favour of the applicant; condonation for supplementary affidavit granted; costs awarded against the respondent.

Orders

  • The applicant's request to permit the filing of her supplementary affidavit is granted.
  • It is declared that the applicant has complied with section 3(2) of the Institution of Legal Proceedings Against Certain Organs of State Act, 2002 in respect of her statutory notice dated 17 November 2021.