Horn v MEC Department of Health, Free State Province (5407/2019) [2021] ZAFSHC 184 (20 August 2021)

Horn v MEC Department of Health, Free State Province (5407/2019) [2021] ZAFSHC 184 (20 August 2021)

The court found that the applicant's handwritten letter of complaint, delivered to the Department of Health within a month of the incident, together with subsequent correspondence and formal acknowledgement by the Department, constituted sufficient compliance with section 3 of Act 40 of 2002. The Department received timely notice, was able to investigate the claim, and had the opportunity to consider it responsibly. The respondent did not dispute the communications or the Department's acknowledgement. Accordingly, the statutory requirements were met, and there was no need for condonation. The application for a declaratory order was granted, and the respondent was ordered to pay the costs.

Citation
[2021] ZAFSHC 184
Parties
Applicant: Nditheni Gloria Horn; Respondent: MEC Department of Health: Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 August 2021
Case Number
5407/2019
Procedural Posture
Interlocutory Application / Application for Declaratory Relief and Condonation During Action Proceedings
Outcome
Declaratory order granted in favour of the applicant; respondent ordered to pay costs.
Judges
C L Page
Legal Topics
Statutory Notice Requirement, Condonation, Compliance With Section 3 Act 40 2002
Civil Procedure Administrative Law Statutory Notice Requirement Condonation Compliance With Section 3 Act 40 2002

Case Brief

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Parties

Nditheni Gloria Horn

Applicant

MEC Department of Health: Free State Province

Respondent

Procedural Posture

Interlocutory Application / Application for Declaratory Relief and Condonation During Action Proceedings

Legal Issues

  1. 1 Whether the letters and correspondence annexed to the particulars of claim constitute compliance with section 3 of Act 40 of 2002.
  2. 2 Whether condonation should be granted for any non-compliance with section 3 of Act 40 of 2002.

Ratio Decidendi

The court found that the applicant's handwritten letter of complaint, delivered to the Department of Health within a month of the incident, together with subsequent correspondence and formal acknowledgement by the Department, constituted sufficient compliance with section 3 of Act 40 of 2002. The Department received timely notice, was able to investigate the claim, and had the opportunity to consider it responsibly. The respondent did not dispute the communications or the Department's acknowledgement. Accordingly, the statutory requirements were met, and there was no need for condonation. The application for a declaratory order was granted, and the respondent was ordered to pay the costs.

Court Disposition

Declaratory order granted in favour of the applicant; respondent ordered to pay costs.

Orders

  • It is declared that the letters and correspondence annexed as annexure 'A' to 'E' to the particulars of claim in the main action under case number 5407/2019 constitute compliance with section 3 of Act 40 of 2002.
  • The respondent is ordered to pay the costs of the application.