Hlongwane v Member of the Executive Council of Health (4393/2022) [2024] ZAFSHC 70 (11 March 2024)

Hlongwane v Member of the Executive Council of Health (4393/2022) [2024] ZAFSHC 70 (11 March 2024)

The court found that the applicant did not comply with the six months’ notice requirement under section 3 of the Institution of Legal Proceedings against Certain Organs of State Act, as the statutory notice was served outside the prescribed period. However, upon considering the requirements for condonation, the court held that the claim had not prescribed, good cause existed for the delay due to the late receipt of medical records and the need for expert opinion, and the respondent failed to establish unreasonable prejudice. The applicant’s explanation for the delay was accepted as reasonable, and the prospects of success favoured the applicant. The respondent’s assertion of prejudice was...

Citation
[2024] ZAFSHC 70
Parties
Applicant: Hlongwane Maria; Respondent: Member of the Executive Council for Health
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 March 2024
Case Number
4393/2022
Procedural Posture
Condonation Application / Application for Condonation of Late Statutory Notice Under Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Condonation for late filing of statutory notice granted.
Judges
Mthimunye, AJ
Legal Topics
Institution of Legal Proceedings Act, Condonation, Medical Negligence, Prescription, Good Cause, Prejudice
Civil Procedure Delict Institution of Legal Proceedings Act Condonation Medical Negligence Prescription Good Cause Prejudice

Case Brief

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Parties

Hlongwane Maria

Applicant

Member of the Executive Council for Health

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant complied with the six months’ notice requirement under section 3 of the Institution of Legal Proceedings against Certain Organs of State Act.
  2. 2 Whether the applicant is entitled to condonation for late filing of the statutory notice.
  3. 3 Whether the respondent will be unreasonably prejudiced by the granting of condonation.

Ratio Decidendi

The court found that the applicant did not comply with the six months’ notice requirement under section 3 of the Institution of Legal Proceedings against Certain Organs of State Act, as the statutory notice was served outside the prescribed period. However, upon considering the requirements for condonation, the court held that the claim had not prescribed, good cause existed for the delay due to the late receipt of medical records and the need for expert opinion, and the respondent failed to establish unreasonable prejudice. The applicant’s explanation for the delay was accepted as reasonable, and the prospects of success favoured the applicant. The respondent’s assertion of prejudice was...

Court Disposition

Condonation for late filing of statutory notice granted.

Orders

  • The application for condonation is granted.
  • Costs shall be costs in the cause.