Ledingwane v Speaker: Limpopo Provincial Legislature and Another (5886/2016) [2020] ZALMPPHC 23 (11 May 2020)

Ledingwane v Speaker: Limpopo Provincial Legislature and Another (5886/2016) [2020] ZALMPPHC 23 (11 May 2020)

The applicant failed to comply with the statutory requirements of section 29(1) and (2) of the Limpopo Legislature Service Act by not issuing the required notices before instituting civil proceedings. The delay in launching the civil action was excessive and not reasonably explained. The applicant's reasons for non-compliance were found to be flimsy and superficial, particularly given her status as an attorney. The court held that the interests of justice did not warrant dispensing with the statutory requirements under section 29(3). The purpose of such notices is to allow the state to investigate and potentially resolve claims without litigation, and the applicant's failure prejudiced...

Citation
[2020] ZALMPPHC 23
Parties
Applicant: MM Ledingwane; Respondent: Speaker: Limpopo Provincial Legislature; Respondent: Premier of Limpopo Province
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
11 May 2020
Case Number
5886/2016
Procedural Posture
Statutory Condonation Application / Application for Condonation Under Section 29(3) of the Limpopo Legislature Service Act
Outcome
Application for condonation dismissed with costs.
Judges
MG Phatudi
Legal Topics
Statutory Condonation, Section 29 Notice Requirement, Exhaustion of Internal Remedies, Interest of Justice, Promotion of Administrative Justice Act
Civil Procedure Administrative Law Statutory Condonation Section 29 Notice Requirement Exhaustion of Internal Remedies Interest of Justice Promotion of Administrative Justice Act

Case Brief

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Parties

MM Ledingwane

Applicant

Speaker: Limpopo Provincial Legislature

Respondent

Premier of Limpopo Province

Respondent

Procedural Posture

Statutory Condonation Application / Application for Condonation Under Section 29(3) of the Limpopo Legislature Service Act

Legal Issues

  1. 1 Whether the applicant has made out a proper case for condonation under section 29(3) of the Limpopo Legislature Service Act.
  2. 2 Whether failure to issue statutory notices under section 29(1) and (2) precludes the applicant from instituting civil proceedings.
  3. 3 Whether the interests of justice justify dispensing with the statutory requirements in this case.

Ratio Decidendi

The applicant failed to comply with the statutory requirements of section 29(1) and (2) of the Limpopo Legislature Service Act by not issuing the required notices before instituting civil proceedings. The delay in launching the civil action was excessive and not reasonably explained. The applicant's reasons for non-compliance were found to be flimsy and superficial, particularly given her status as an attorney. The court held that the interests of justice did not warrant dispensing with the statutory requirements under section 29(3). The purpose of such notices is to allow the state to investigate and potentially resolve claims without litigation, and the applicant's failure prejudiced...

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application for condonation is dismissed with costs.