Mkhabela v Minister of Police (56860/2017) [2019] ZAGPPHC 65 (8 February 2019)

Mkhabela v Minister of Police (56860/2017) [2019] ZAGPPHC 65 (8 February 2019)

The applicant failed to provide a satisfactory explanation for the delay in serving the section 3 notice, particularly the period between his acquittal and consulting attorneys. The court found that the applicant, as a police reservist, should have been aware of the procedures and acted with greater diligence. The degree of lateness was substantial, and no compelling reasons were advanced to justify the delay. The applicant did not demonstrate good cause, nor did he show reasonable prospects of success on the merits. The respondent would be prejudiced by the delay due to the potential loss of evidence and fading memories. The requirements for condonation under section 3(4) of the Act were...

Citation
[2019] ZAGPPHC 65
Parties
Applicant: William Brian Mkhabela; Respondent: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 February 2019
Case Number
56860/2017
Procedural Posture
Condonation Application / Application for Condonation for Late Delivery of Section 3 Notice
Outcome
Application for condonation for late delivery of the section 3 notice is dismissed.
Judges
N Skibi
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Prescription, Good Cause, Prejudice
Civil Procedure Condonation Institution of Legal Proceedings Against Organs of State Act Prescription Good Cause Prejudice

Case Brief

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Parties

William Brian Mkhabela

Applicant

Minister of Police

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Delivery of Section 3 Notice

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of the section 3 notice under the Institution of Legal Proceedings against Certain Organs of State Act.
  2. 2 Whether the delay in serving the notice prejudiced the respondent.
  3. 3 Whether the applicant has reasonable prospects of success in the underlying claim.

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for the delay in serving the section 3 notice, particularly the period between his acquittal and consulting attorneys. The court found that the applicant, as a police reservist, should have been aware of the procedures and acted with greater diligence. The degree of lateness was substantial, and no compelling reasons were advanced to justify the delay. The applicant did not demonstrate good cause, nor did he show reasonable prospects of success on the merits. The respondent would be prejudiced by the delay due to the potential loss of evidence and fading memories. The requirements for condonation under section 3(4) of the Act were...

Court Disposition

Application for condonation for late delivery of the section 3 notice is dismissed.

Orders

  • The applicant's condonation application for late delivery of the notice as contemplated in section 3 of the Institution of Legal Proceedings against Certain Organs of State, 40 of 2002 is dismissed.
  • Each party to pay its own costs.