Masindi v MEC Department of Health Limpopo Provincial Government (1666/2019) [2024] ZALMPTHC 1 (24 January 2024)

Masindi v MEC Department of Health Limpopo Provincial Government (1666/2019) [2024] ZALMPTHC 1 (24 January 2024)

The court found that the Plaintiff had complied with Section 3(1) of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002. The letter dated 18 April 2018, served on the Provincial Head of the Department of Health, was referenced in multiple correspondences and bore a receipt stamp confirming service. The letter contained the necessary facts giving rise to the debt and particulars of the claim, satisfying the statutory requirements. The Defendant did not dispute the existence or service of the letter, nor did it request a copy. The court held that the Plaintiff gave proper notice within the prescribed period, and the Defendant's first special plea was...

Citation
[2024] ZALMPTHC 1
Parties
Plaintiff: Masindi Phindulo Gloria; Defendant: MEC Department of Health Limpopo Provincial Government
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
24 January 2024
Case Number
1666/2019
Procedural Posture
Civil Procedure / Special Plea Determination
Outcome
Defendant's first special plea is dismissed. Each party is to pay its own costs.
Judges
Nemutandani
Legal Topics
Institution of Legal Proceedings Against Organs of State, Section 3 Notice, Service of Process, Special Plea, Costs Order
Civil Procedure Institution of Legal Proceedings Against Organs of State Section 3 Notice Service of Process Special Plea Costs Order

Case Brief

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Parties

Masindi Phindulo Gloria

Plaintiff

MEC Department of Health Limpopo Provincial Government

Defendant

Procedural Posture

Civil Procedure / Special Plea Determination

Legal Issues

  1. 1 Whether the Plaintiff complied with Section 3 of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002.
  2. 2 Whether the Defendant's first special plea regarding non-compliance with Section 3 should be upheld.
  3. 3 Appropriate order as to costs in respect of both special pleas.

Ratio Decidendi

The court found that the Plaintiff had complied with Section 3(1) of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002. The letter dated 18 April 2018, served on the Provincial Head of the Department of Health, was referenced in multiple correspondences and bore a receipt stamp confirming service. The letter contained the necessary facts giving rise to the debt and particulars of the claim, satisfying the statutory requirements. The Defendant did not dispute the existence or service of the letter, nor did it request a copy. The court held that the Plaintiff gave proper notice within the prescribed period, and the Defendant's first special plea was...

Court Disposition

Defendant's first special plea is dismissed. Each party is to pay its own costs.

Orders

  • The Defendant’s first special plea dated 23 October 2023 is dismissed.
  • Each party is to pay its own costs.