L v MEC for Health of the Free State Provincial Government (4016/2014) [2017] ZAFSHC 213; [2018] 1 All SA 522 (FB) (19 October 2017)

L v MEC for Health of the Free State Provincial Government (4016/2014) [2017] ZAFSHC 213; [2018] 1 All SA 522 (FB) (19 October 2017)

The court found that no binding agreement existed preventing the Respondent from opposing the condonation application, as the State Attorney acted without specific mandate and withdrew any offer before acceptance. The Applicant's delay in serving the s 3(2) notice was explained by her socio-economic circumstances, lack of access to medical records, and absence of knowledge of the cause of action until 2014. Although the explanation for the delay was not comprehensive, the court accepted that the Applicant's circumstances and the interests of justice justified condonation. The court held that the Respondent did not suffer unreasonable prejudice attributable to the delay, as the loss of...

Citation
[2017] ZAFSHC 213
Parties
Applicant: L. H. A.; Respondent: THE MEC FOR HEALTH OF THE FREE STATE PROVINCIAL GOVERNMENT
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 October 2017
Case Number
4016/2014
Procedural Posture
Urgent Application / Application for Condonation Under S 3(4) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002
Outcome
Condonation for late service of the s 3(2) notice is granted. The Applicant's point-in-limine alleging an agreement not to oppose is dismissed.
Judges
Murray
Legal Topics
Institution of Legal Proceedings Against Organs of State Act, Condonation, Prescription, Medical Negligence, Minor Claims, Good Cause
Civil Procedure Delict Institution of Legal Proceedings Against Organs of State Act Condonation Prescription Medical Negligence Minor Claims Good Cause

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Parties

L. H. A.

Applicant

THE MEC FOR HEALTH OF THE FREE STATE PROVINCIAL GOVERNMENT

Respondent

Procedural Posture

Urgent Application / Application for Condonation Under S 3(4) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002

Legal Issues

  1. 1 Whether an agreement existed that the Respondent would not oppose the condonation application and whether Respondent could resile from it.
  2. 2 Whether the Applicant has established good cause for condonation of late service of the s 3(2) notice under the Act.
  3. 3 Whether the Respondent has suffered unreasonable prejudice due to the Applicant's delay.

Ratio Decidendi

The court found that no binding agreement existed preventing the Respondent from opposing the condonation application, as the State Attorney acted without specific mandate and withdrew any offer before acceptance. The Applicant's delay in serving the s 3(2) notice was explained by her socio-economic circumstances, lack of access to medical records, and absence of knowledge of the cause of action until 2014. Although the explanation for the delay was not comprehensive, the court accepted that the Applicant's circumstances and the interests of justice justified condonation. The court held that the Respondent did not suffer unreasonable prejudice attributable to the delay, as the loss of...

Court Disposition

Condonation for late service of the s 3(2) notice is granted. The Applicant's point-in-limine alleging an agreement not to oppose is dismissed.

Orders

  • The Applicant's point-in-limine alleging an agreement not to oppose is dismissed with costs, including costs of two counsel, one being Senior Counsel.
  • The Applicant's application for condonation is granted with costs, including costs and fees of two counsel, one being Senior Counsel, but excluding costs pertaining to the order in paragraph 1.