Jansen Van Vuuren v Member of the Executive Council for Health of the Gauteng Province (A39/2023) [2023] ZAGPPHC 1169 (14 September 2023)

Jansen Van Vuuren v Member of the Executive Council for Health of the Gauteng Province (A39/2023) [2023] ZAGPPHC 1169 (14 September 2023)

The court found that the appellant, his father, and uncle had knowledge of the facts and the identity of the debtor since 2012, as evidenced by possession of hospital and hospice records, media coverage, and expert opinions. The appellant failed to explain the delay of 20 months after attaining majority before consulting attorneys and a further delay before launching the condonation application. The delay caused unreasonable prejudice to the respondent, as hospital records and personnel were no longer available. The appellant did not discharge the onus to show good cause for condonation, nor did he adequately explain the discrepancies in his affidavits regarding maintenance and knowledge...

Citation
[2023] ZAGPPHC 1169
Parties
Appellant: Jansen Van Vuuren Dillon; Respondent: Member of the Executive Council for Health of the Gauteng Province
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 September 2023
Case Number
A39/2023
Procedural Posture
Civil Appeal / Appeal Against Refusal of Condonation for Late Statutory Notice Under Section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Appeal dismissed with costs.
Judges
Pretorius, Collis, Phahlane
Legal Topics
Condonation for Late Notice, Prescription Act, Medical Negligence, Loss of Support, Institution of Legal Proceedings Against Organs of State
Civil Procedure Delict Condonation for Late Notice Prescription Act Medical Negligence Loss of Support Institution of Legal Proceedings Against Organs of State

Case Brief

Summary, issues, holding and outcome

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Parties

Jansen Van Vuuren Dillon

Appellant

Member of the Executive Council for Health of the Gauteng Province

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Condonation for Late Statutory Notice Under Section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether the appellant had knowledge of the facts and identity of the debtor sufficient to trigger the running of prescription.
  2. 2 Whether the appellant showed good cause for condonation for late service of statutory notice under section 3 of the Act.
  3. 3 Whether the respondent would suffer unreasonable prejudice if condonation were granted.

Ratio Decidendi

The court found that the appellant, his father, and uncle had knowledge of the facts and the identity of the debtor since 2012, as evidenced by possession of hospital and hospice records, media coverage, and expert opinions. The appellant failed to explain the delay of 20 months after attaining majority before consulting attorneys and a further delay before launching the condonation application. The delay caused unreasonable prejudice to the respondent, as hospital records and personnel were no longer available. The appellant did not discharge the onus to show good cause for condonation, nor did he adequately explain the discrepancies in his affidavits regarding maintenance and knowledge...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal.