Lisenga v Minister of Justice (1609/2019) [2024] ZAMPMBHC 43 (25 June 2024)

Lisenga v Minister of Justice (1609/2019) [2024] ZAMPMBHC 43 (25 June 2024)

The court found that Lisenga acquired knowledge of the conviction and criminal record in 2012 and 2013 during employment interviews, which constituted the minimum facts necessary to institute a delictual claim against the Minister. Section 12 of the Prescription Act does not require knowledge of legal consequences, only of the facts giving rise to the claim. The exceptions in Section 12(2) and (3) were not applicable, as there was no evidence that the Minister prevented Lisenga from acquiring knowledge, and Lisenga knew the identity of the debtor. The court held that prescription commenced in 2012 or, at the latest, in 2013, and the claim had prescribed by the time it was instituted. The...

Citation
[2024] ZAMPMBHC 43
Parties
Plaintiff: Godfrey Mango Lisenga; Defendant: Minister of Justice
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
25 June 2024
Case Number
1609/2019
Procedural Posture
Civil Trial / Special Plea of Prescription Decided as a Separate Issue
Outcome
The special plea of prescription is upheld; the claim is dismissed with costs.
Judges
Mashile
Legal Topics
Prescription Act, Institution of Legal Proceedings Against Organs of State, Delictual Damages, Wrongful Conviction, Special Plea of Prescription
Civil Procedure Delict Prescription Act Institution of Legal Proceedings Against Organs of State Delictual Damages Wrongful Conviction Special Plea of Prescription

Case Brief

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Parties

Godfrey Mango Lisenga

Plaintiff

Minister of Justice

Defendant

Procedural Posture

Civil Trial / Special Plea of Prescription Decided as a Separate Issue

Legal Issues

  1. 1 Whether the plaintiff's claim for damages against the Minister has prescribed under Section 3 of the Institution of Legal Proceedings against certain Organs of State Act 40 of 2000 or Section 12 of the Prescription Act 68 of 1969.
  2. 2 Whether the plaintiff had the requisite knowledge of the facts giving rise to the claim to trigger prescription.
  3. 3 Whether the exceptions in Section 12(2) and (3) of the Prescription Act apply to the plaintiff's circumstances.

Ratio Decidendi

The court found that Lisenga acquired knowledge of the conviction and criminal record in 2012 and 2013 during employment interviews, which constituted the minimum facts necessary to institute a delictual claim against the Minister. Section 12 of the Prescription Act does not require knowledge of legal consequences, only of the facts giving rise to the claim. The exceptions in Section 12(2) and (3) were not applicable, as there was no evidence that the Minister prevented Lisenga from acquiring knowledge, and Lisenga knew the identity of the debtor. The court held that prescription commenced in 2012 or, at the latest, in 2013, and the claim had prescribed by the time it was instituted. The...

Court Disposition

The special plea of prescription is upheld; the claim is dismissed with costs.

Orders

  • The claim is dismissed with costs.