Kruger V Director of Public Prosecutions; In re: Kruger V Director of Public Prosecutions (37681/2011) [2017] ZAGPPHC 376 (21 June 2017)

Kruger V Director of Public Prosecutions; In re: Kruger V Director of Public Prosecutions (37681/2011) [2017] ZAGPPHC 376 (21 June 2017)

The court held that the applicant had the minimum knowledge of the facts necessary to institute action for malicious prosecution at the time the criminal charges were withdrawn on 13 October 2009. The Constitutional Court's decision in Links v MEC of Health, Northern Cape did not alter the legal principles applicable to prescription in this context, as the facts of Links involved professional negligence requiring expert evidence, which was not the case here. The applicant was legally represented and had adequate knowledge to institute proceedings without the SAPS docket. There was no evidence that the respondent prevented the applicant from acquiring knowledge of the debt. Consequently,...

Citation
[2017] ZAGPPHC 376
Parties
Applicant: Arrie Willem Kruger; Respondent: Director of Public Prosecutions
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 June 2017
Case Number
37681/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench or Supreme Court of Appeal Following Dismissal of the Applicant's Claim on Prescription.
Outcome
Application for leave to appeal dismissed with costs awarded against the applicant.
Judges
Strydom
Legal Topics
Prescription Act, Malicious Prosecution, Special Plea, Reasonable Prospect of Success
Civil Procedure Delict Prescription Act Malicious Prosecution Special Plea Reasonable Prospect of Success

Case Brief

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Parties

Arrie Willem Kruger

Applicant

Director of Public Prosecutions

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Bench or Supreme Court of Appeal Following Dismissal of the Applicant's Claim on Prescription.

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the dismissal of his claim for wrongful and malicious prosecution on grounds of prescription.
  2. 2 Whether the Constitutional Court's decision in Links v MEC of Health, Northern Cape altered the legal principles applicable to prescription in delictual claims.
  3. 3 Whether the applicant had the requisite knowledge of facts for prescription to commence running.

Ratio Decidendi

The court held that the applicant had the minimum knowledge of the facts necessary to institute action for malicious prosecution at the time the criminal charges were withdrawn on 13 October 2009. The Constitutional Court's decision in Links v MEC of Health, Northern Cape did not alter the legal principles applicable to prescription in this context, as the facts of Links involved professional negligence requiring expert evidence, which was not the case here. The applicant was legally represented and had adequate knowledge to institute proceedings without the SAPS docket. There was no evidence that the respondent prevented the applicant from acquiring knowledge of the debt. Consequently,...

Court Disposition

Application for leave to appeal dismissed with costs awarded against the applicant.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the respondent.