Mbonambi v Mofokeng and Another (3236/2021) [2024] ZAFSHC 55 (28 February 2024)

Mbonambi v Mofokeng and Another (3236/2021) [2024] ZAFSHC 55 (28 February 2024)

The court held that the debt did not become due until the plaintiff acquired knowledge of both the identity of the organ of state and the facts giving rise to the debt, which occurred on 5 December 2019. The defendants did not dispute this date nor provide evidence that the plaintiff should have acquired such knowledge earlier. The section 3 notice was served within six months from this date, satisfying the statutory requirement. Accordingly, the defendants' special plea of non-compliance with section 3 was dismissed.

Citation
[2024] ZAFSHC 55
Parties
Plaintiff: Jabulani Victor Mbonambi; Defendant: Johannes Mofokeng; Defendant: Minister of Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 February 2024
Case Number
3236/2021
Procedural Posture
Civil Trial / Special Plea on Compliance With Statutory Notice Requirements
Outcome
Defendants' special plea dismissed with costs awarded to the plaintiff.
Judges
D.P. Mthimunye
Legal Topics
Institution of Legal Proceedings Against Organs of State, Section 3 Notice, Prescription of Debt, Special Plea, Costs Award
Civil Procedure Institution of Legal Proceedings Against Organs of State Section 3 Notice Prescription of Debt Special Plea Costs Award

Case Brief

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Parties

Jabulani Victor Mbonambi

Plaintiff

Johannes Mofokeng

Defendant

Minister of Police

Defendant

Procedural Posture

Civil Trial / Special Plea on Compliance With Statutory Notice Requirements

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 debt became due on the date the charges were laid or when the plaintiff acquired knowledge of the facts and the identity of the organ of state.
  3. 3 Whether the defendants' special plea of non-compliance should be upheld.

Ratio Decidendi

The court held that the debt did not become due until the plaintiff acquired knowledge of both the identity of the organ of state and the facts giving rise to the debt, which occurred on 5 December 2019. The defendants did not dispute this date nor provide evidence that the plaintiff should have acquired such knowledge earlier. The section 3 notice was served within six months from this date, satisfying the statutory requirement. Accordingly, the defendants' special plea of non-compliance with section 3 was dismissed.

Court Disposition

Defendants' special plea dismissed with costs awarded to the plaintiff.

Orders

  • The defendants’ special plea is dismissed with costs.