Minister van Wet en Orde van Replubliek van Suid-Afrika and Another v Hendricks (510/85) [1987] ZASCA 55; 1987 (3) SA 657; [1987] 2 All SA 327 (A) (27 May 1987)

Minister van Wet en Orde van Replubliek van Suid-Afrika and Another v Hendricks (510/85) [1987] ZASCA 55; 1987 (3) SA 657; [1987] 2 All SA 327 (A) (27 May 1987)

The court held that the letter sent by the respondent's attorneys to the Commissioner of Police satisfied the requirements of section 32(1) of the Police Act, 1958. The letter set out the factual basis of the claim, alleged wrongful conduct, and requested payment of damages. The request for extension of the...

Source-derived case information.

Citation
[1987] ZASCA 55
Parties
Appellant: Minister van Wet en Orde van die Republiek van Suid-Afrika; Appellant: Konstabel Seady Marsh; Respondent: Lewis Hendricks
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Case Number
510/85
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Special Plea
Outcome
Appeal dismissed with costs.
Judges
Corbett, Grosskopf, Nestadt, Boshoff, Kumleben
Legal Topics
Notice of Intention to Sue, Prescription Period, Vicarious Liability, Unlawful Assault, Compliance With Statutory Requirements
Civil Procedure Delict Notice of Intention to Sue Prescription Period Vicarious Liability Unlawful Assault Compliance With Statutory Requirements

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Minister van Wet en Orde van die Republiek van Suid-Afrika

Appellant

Konstabel Seady Marsh

Appellant

Lewis Hendricks

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Special Plea

  1. 1 Did the respondent comply with the notice requirements under section 32(1) of the Police Act, 1958 before instituting civil proceedings?
  2. 2 Was the special plea of non-compliance with statutory notice requirements correctly dismissed by the trial court?

Ratio Decidendi

The court held that the letter sent by the respondent's attorneys to the Commissioner of Police satisfied the requirements of section 32(1) of the Police Act, 1958. The letter set out the factual basis of the claim, alleged wrongful conduct, and requested payment of damages. The request for extension of the prescription period further indicated an intention to institute proceedings if the claim was not settled. The court found that a reasonable person receiving such a letter would understand that legal action was contemplated. The statutory provision does not require absolute certainty that proceedings will follow, only that the defendant is made aware of the possibility. The court...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The order of the trial court dismissing the special plea is confirmed.