Mohale v Minister of Safety and Security (1367/09) [2016] ZAECPEHC 76 (13 December 2016)

Mohale v Minister of Safety and Security (1367/09) [2016] ZAECPEHC 76 (13 December 2016)

The applicant failed to provide a satisfactory explanation for his failure to serve the required notice and for the delay in bringing the condonation application. Despite being made aware of the non-compliance, he took no remedial action for almost seven years. The explanation offered was lacking and insufficient, and the applicant's bona fides were questionable, particularly as he refused to sign the condonation application when advised by his attorney. The prospects of success on the merits were found to be very slender. The court was not satisfied that good cause existed to grant condonation, and accordingly, the application was refused. The applicant was also found responsible for the...

Citation
[2016] ZAECPEHC 76
Parties
Applicant: Lunga Mohale; Respondent: Minister of Safety and Security
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
13 December 2016
Case Number
1367/09
Procedural Posture
Condonation Application / Application for Condonation for Failure to Serve Notice Under Section 3(1)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Application for condonation refused. Applicant ordered to pay respondent's costs, including reserved costs.
Judges
NW Gqamana
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State, Failure to Serve Notice, Good Cause, Reserved Costs
Civil Procedure Condonation Institution of Legal Proceedings Against Organs of State Failure to Serve Notice Good Cause Reserved Costs

Case Brief

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Parties

Lunga Mohale

Applicant

Minister of Safety and Security

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Failure to Serve Notice Under Section 3(1)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of his failure to serve notice in terms of section 3(1)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act.
  2. 2 Whether the delay and explanation for failure to serve notice and bring the condonation application are sufficient.
  3. 3 Whether the respondent will suffer unreasonable prejudice if condonation is granted.

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for his failure to serve the required notice and for the delay in bringing the condonation application. Despite being made aware of the non-compliance, he took no remedial action for almost seven years. The explanation offered was lacking and insufficient, and the applicant's bona fides were questionable, particularly as he refused to sign the condonation application when advised by his attorney. The prospects of success on the merits were found to be very slender. The court was not satisfied that good cause existed to grant condonation, and accordingly, the application was refused. The applicant was also found responsible for the...

Court Disposition

Application for condonation refused. Applicant ordered to pay respondent's costs, including reserved costs.

Orders

  • The application for condonation for the non-compliance with section 3(1) of the Act is refused.
  • The applicant is ordered to pay the respondent’s costs including the reserved costs occasioned by the postponement on 25 October 2016.