Landela v Minister of Police (2199/2018) [2020] ZAMPMHC 45 (28 July 2020)

Landela v Minister of Police (2199/2018) [2020] ZAMPMHC 45 (28 July 2020)

The court found that the applicant's notice to the respondent was served within the six-month period required by section 3 of the Legal Proceedings Against Certain Organs of State Act, calculated from the date the applicant was released from custody and able to act. The respondent's argument regarding delay was based on the date of the notice rather than the date of service, and the applicant's timeline showed compliance. The court held that it is unreasonable to expect a detained person to serve notice during trial or detention. The applicant did not need condonation as there was no breach of the statutory requirements. The respondent was not unreasonably prejudiced by the timing, and...

Citation
[2020] ZAMPMHC 45
Parties
Applicant: Abel Landela; Respondent: Minister of Police
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
28 July 2020
Case Number
2199/2018
Procedural Posture
Condonation Application / Application for Condonation for Late Notice Under Section 3 of the Legal Proceedings Against Certain Organs of State Act
Outcome
Application for condonation is unnecessary; applicant complied with section 3 of the Act.
Judges
H.C. Jansen van Rensburg
Legal Topics
Condonation, Legal Proceedings Against Organs of State, Unlawful Arrest, Prescription, Special Plea
Civil Procedure Administrative Law Condonation Legal Proceedings Against Organs of State Unlawful Arrest Prescription Special Plea

Case Brief

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Parties

Abel Landela

Applicant

Minister of Police

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Notice Under Section 3 of the Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether the applicant complied with section 3 of the Legal Proceedings Against Certain Organs of State Act 40 of 2002 regarding notice to the respondent.
  2. 2 Whether condonation for late service of notice should be granted under section 3(4) of the Act.
  3. 3 Whether the delay in serving notice prejudiced the respondent.

Ratio Decidendi

The court found that the applicant's notice to the respondent was served within the six-month period required by section 3 of the Legal Proceedings Against Certain Organs of State Act, calculated from the date the applicant was released from custody and able to act. The respondent's argument regarding delay was based on the date of the notice rather than the date of service, and the applicant's timeline showed compliance. The court held that it is unreasonable to expect a detained person to serve notice during trial or detention. The applicant did not need condonation as there was no breach of the statutory requirements. The respondent was not unreasonably prejudiced by the timing, and...

Court Disposition

Application for condonation is unnecessary; applicant complied with section 3 of the Act.

Orders

  • The applicant has complied with the provisions of section 3 of the Legal Proceedings Against Certain Organs of State Act 40 of 2002.
  • The respondent is ordered to pay the costs of this application on a party-and-party scale.