Jansen van Vuuren v Member of the Executive Council for Health, Gauteng Province (13438/2018) [2021] ZAGPPHC 548 (19 August 2021)

Jansen van Vuuren v Member of the Executive Council for Health, Gauteng Province (13438/2018) [2021] ZAGPPHC 548 (19 August 2021)

The court found that the applicant failed to make out a proper case for condonation for late service of the statutory notice. The explanation for the delay was inadequate and did not meet the statutory requirements. The applicant and his family were aware of the relevant facts since 2012, and the claim had prescribed. The cause of death was determined to be uncontrolled diabetes, not attributable to the alleged negligence of the respondent. The court held that there was no reasonable prospect of success on appeal, and another court was unlikely to reach a different conclusion. The application for leave to appeal was therefore dismissed with costs.

Citation
[2021] ZAGPPHC 548
Parties
Applicant: Jansen van Vuuren, Dillon Wesley; Respondent: The Member of the Executive Council for Health, Gauteng Province
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 August 2021
Case Number
13438/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Refusal of Condonation
Outcome
Application for leave to appeal dismissed with costs.
Judges
K J Mogale
Legal Topics
Condonation, Prescription, Institution of Legal Proceedings Against State, Negligence, Loss of Support
Civil Procedure Delict Condonation Prescription Institution of Legal Proceedings Against State Negligence Loss of Support

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Parties

Jansen van Vuuren, Dillon Wesley

Applicant

The Member of the Executive Council for Health, Gauteng Province

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Refusal of Condonation

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation for late service of statutory notice under the Institution of Legal Proceedings Against Certain Organs of State Act.
  2. 2 Whether the applicant's claim has prescribed.
  3. 3 Whether the applicant's explanation for delay meets the statutory requirements for condonation.

Ratio Decidendi

The court found that the applicant failed to make out a proper case for condonation for late service of the statutory notice. The explanation for the delay was inadequate and did not meet the statutory requirements. The applicant and his family were aware of the relevant facts since 2012, and the claim had prescribed. The cause of death was determined to be uncontrolled diabetes, not attributable to the alleged negligence of the respondent. The court held that there was no reasonable prospect of success on appeal, and another court was unlikely to reach a different conclusion. The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal is dismissed.
  • Applicant to pay the costs.