M.J.P.R v Wessels and Another - Appeal (A79/2021) [2023] ZAFSHC 428 (2 November 2023)

Parties

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Condonation Application

Legal Issues

1. 1 Whether the appellant provided a reasonable and acceptable explanation for the delay in serving notice to the organ of state.
2. 2 Whether condonation for the late filing of notice should be granted under section 3(4)(b) of the Institution of Legal Proceedings Against Certain Organs of State Act.
3. 3 Whether the best interests of the minor children can override the absence of explanation for delay.

Ratio Decidendi

The court held that the appellant failed to provide any explanation for the year-long delay after terminating her previous attorneys and for the four-month delay in filing the condonation application. The absence of a full and reasonable explanation for the entire period of delay is fatal to the condonation application. The interests of the minor children, while important, cannot overcome the fundamental flaw of a complete lack of explanation. The appeal was dismissed as the requirements for condonation under section 3(4)(b) of the Institution of Legal Proceedings Against Certain Organs of State Act were not met.

Court Disposition

Appeal dismissed with costs, excluding costs for two counsel.

Orders

• The appeal is dismissed with costs, which costs are not to include the costs of two counsel.