Marumo v Minister of Police (37401/2011) [2014] ZAGPPHC 640 (25 August 2014)

Marumo v Minister of Police (37401/2011) [2014] ZAGPPHC 640 (25 August 2014)

The court found that the applicant's ignorance of the requirement to file a section 3 notice accounted for her failure to comply timeously. Upon becoming aware of the requirement, she acted promptly through her attorneys. The respondent's argument that ignorance does not constitute good cause was rejected, as the applicant provided a sufficient explanation for the delay. The court held that subsequent delays in bringing the condonation application did not contribute to the failure to file the notice and were therefore not relevant to the determination of good cause. Regarding prejudice, the respondent failed to demonstrate actual prejudice resulting from the late filing, as he did not...

Citation
[2014] ZAGPPHC 640
Parties
Applicant: Marumo Tshepang Queen; Respondent: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 August 2014
Case Number
37401/2011
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Section 3 Notice Under Act 40 of 2002
Outcome
Condonation for the late filing of the section 3 notice is granted. The applicant is ordered to pay the costs of the application.
Judges
Modiba
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Late Filing, Good Cause, Prejudice
Civil Procedure Condonation Institution of Legal Proceedings Against Organs of State Act Late Filing Good Cause Prejudice

Case Brief

Summary, issues, holding and outcome

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Parties

Marumo Tshepang Queen

Applicant

Minister of Police

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Section 3 Notice Under Act 40 of 2002

Legal Issues

  1. 1 Whether the applicant has shown good cause for the late filing of the section 3 notice under Act 40 of 2002.
  2. 2 Whether the debt has been extinguished by prescription.
  3. 3 Whether the respondent will suffer unreasonable prejudice if condonation is granted.

Ratio Decidendi

The court found that the applicant's ignorance of the requirement to file a section 3 notice accounted for her failure to comply timeously. Upon becoming aware of the requirement, she acted promptly through her attorneys. The respondent's argument that ignorance does not constitute good cause was rejected, as the applicant provided a sufficient explanation for the delay. The court held that subsequent delays in bringing the condonation application did not contribute to the failure to file the notice and were therefore not relevant to the determination of good cause. Regarding prejudice, the respondent failed to demonstrate actual prejudice resulting from the late filing, as he did not...

Court Disposition

Condonation for the late filing of the section 3 notice is granted. The applicant is ordered to pay the costs of the application.

Orders

  • Condonation is granted to the applicant for failure to serve a notice in terms of section 3(1)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002.
  • The applicant is ordered to pay the costs of this application.