Makamu and Others v Minister of Police and Another (1359/2017; 1360/2017; 1361/2017) [2021] ZAMPMBHC 54 (7 October 2021)

Makamu and Others v Minister of Police and Another (1359/2017; 1360/2017; 1361/2017) [2021] ZAMPMBHC 54 (7 October 2021)

The court found that the applicants failed to provide a full and satisfactory explanation for the delay in serving the statutory notice and in launching the condonation application. The explanation did not cover the entire period of delay, and the applicants did not substantiate their prospects of success in the main action for malicious prosecution, as their particulars of claim lacked allegations of malice or intention to injure. The court was not persuaded that the requirements for condonation under Section 3(4) of the Act were met. The alleged prejudice to the second respondent due to the passage of time and incomplete files was considered, but the absence of good cause and...

Citation
[2021] ZAMPMBHC 54
Parties
Applicant: Mpendulo Makamu; Applicant: Soneni Vusi Mhlabane; Applicant: Abbsey Haswell Nkosi; Respondent: Minister of Police; Respondent: National Director of Public Prosecutions
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
7 October 2021
Case Number
1359/2017; 1360/2017; 1361/2017
Procedural Posture
Condonation Application / Application for Condonation for Late Service of Statutory Notice Under the Institution of Legal Proceedings Against Certain Organs of State Act, Prior to Main Action for Malicious Prosecution.
Outcome
Application for condonation dismissed with costs.
Judges
Greyling-Coetzer
Legal Topics
Institution of Legal Proceedings Against Organs of State Act, Condonation, Malicious Prosecution, Special Plea Non Compliance, Prejudice, Prospects of Success
Civil Procedure Delict Institution of Legal Proceedings Against Organs of State Act Condonation Malicious Prosecution Special Plea Non Compliance Prejudice Prospects of Success

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Parties

Mpendulo Makamu

Applicant

Soneni Vusi Mhlabane

Applicant

Abbsey Haswell Nkosi

Applicant

Minister of Police

Respondent

National Director of Public Prosecutions

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Service of Statutory Notice Under the Institution of Legal Proceedings Against Certain Organs of State Act, Prior to Main Action for Malicious Prosecution.

Legal Issues

  1. 1 Whether the applicants have shown good cause for condonation of their failure to serve statutory notice on the second respondent within the prescribed period.
  2. 2 Whether the applicants have adequately explained the delay in bringing the condonation application.
  3. 3 Whether the applicants have demonstrated prospects of success in the main action for malicious prosecution.

Ratio Decidendi

The court found that the applicants failed to provide a full and satisfactory explanation for the delay in serving the statutory notice and in launching the condonation application. The explanation did not cover the entire period of delay, and the applicants did not substantiate their prospects of success in the main action for malicious prosecution, as their particulars of claim lacked allegations of malice or intention to injure. The court was not persuaded that the requirements for condonation under Section 3(4) of the Act were met. The alleged prejudice to the second respondent due to the passage of time and incomplete files was considered, but the absence of good cause and...

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application is dismissed with costs.