Links v Member of the Executive Council, Department of Health, Northern Cape Province (CCT 29/15) [2016] ZACC 10; 2016 (5) BCLR 656 (CC); 2016 (4) SA 414 (CC) (30 March 2016)

Links v Member of the Executive Council, Department of Health, Northern Cape Province (CCT 29/15) [2016] ZACC 10; 2016 (5) BCLR 656 (CC); 2016 (4) SA 414 (CC) (30 March 2016)

The Constitutional Court held that prescription under section 12(3) of the Prescription Act does not commence until the creditor has knowledge of the identity of the debtor and the facts from which the debt arises, including causation and fault. The applicant, although aware of his injury, did not know the cause or have reasonable grounds to suspect negligence by the hospital staff before his discharge and subsequent legal consultation. The respondent failed to discharge the onus of proving that the applicant had the requisite knowledge before 5 August 2006. The Court found that the applicant's claim had not prescribed and that his failure to comply with section 3 of the Institution of...

Citation
[2016] ZACC 10
Parties
Applicant: Dirk Links; Respondent: Member of the Executive Council, Department of Health, Northern Cape Province
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
30 March 2016
Case Number
CCT 29/15
Procedural Posture
Leave to Appeal / Constitutional Court Appeal After Dismissal by High Court and Full Court
Outcome
Appeal upheld with costs; orders of the Full Court and High Court set aside.
Judges
Mogoeng, Moseneke, Cameron, Jafta, Khampepe, Madlanga, Matojane, Nkabinde, Van der Westhuizen, Wallis, Zondo
Legal Topics
Prescription Act Interpretation, Section 12 3 Prescription, Medical Negligence, Condonation, Right of Access to Court, Aquilian Action
Civil Procedure Constitutional Law Delict Prescription Act Interpretation Section 12 3 Prescription Medical Negligence Condonation Right of Access to Court +1 more

Case Brief

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Parties

Dirk Links

Applicant

Member of the Executive Council, Department of Health, Northern Cape Province

Respondent

Procedural Posture

Leave to Appeal / Constitutional Court Appeal After Dismissal by High Court and Full Court

Legal Issues

  1. 1 Whether the applicant's claim for damages against the respondent had prescribed by the time summons was served.
  2. 2 What constitutes 'knowledge of the facts from which the debt arises' under section 12(3) of the Prescription Act.
  3. 3 Whether the applicant's failure to comply with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act should be condoned.

Ratio Decidendi

The Constitutional Court held that prescription under section 12(3) of the Prescription Act does not commence until the creditor has knowledge of the identity of the debtor and the facts from which the debt arises, including causation and fault. The applicant, although aware of his injury, did not know the cause or have reasonable grounds to suspect negligence by the hospital staff before his discharge and subsequent legal consultation. The respondent failed to discharge the onus of proving that the applicant had the requisite knowledge before 5 August 2006. The Court found that the applicant's claim had not prescribed and that his failure to comply with section 3 of the Institution of...

Court Disposition

Appeal upheld with costs; orders of the Full Court and High Court set aside.

Orders

  • Condonation for non-compliance with Rule 19 is granted.
  • Leave to appeal is granted.