Mokoena v Member of the Executive Council for Health, Free State Province (453/2019) [2021] ZAFSHC 108 (6 April 2021)

Mokoena v Member of the Executive Council for Health, Free State Province (453/2019) [2021] ZAFSHC 108 (6 April 2021)

The court found that the applicant became aware of the potential claim and the identity of the debtor on 6 September 2017, and that her attorneys made reasonable efforts to obtain hospital records to assess the claim. The delay in serving the statutory notice was primarily caused by the respondent's failure to provide the requested records. The court held that the applicant had shown good cause for the delay, that the claim was instituted within the prescription period, and that the respondent failed to demonstrate any specific unreasonable prejudice resulting from the late notice. The respondent's opposition was found to be unmeritorious and based on unfounded attacks on the applicant's...

Citation
[2021] ZAFSHC 108
Parties
Applicant: Mokoena EE; Respondent: The Member of the Executive Council for Health, Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 April 2021
Case Number
453/2019
Procedural Posture
Condonation Application / Application for Condonation for Late Service of Statutory Notice Under Section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002.
Outcome
Application for condonation granted. Costs awarded against the respondent.
Judges
Naidoo
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Late Service of Statutory Notice, Good Cause, Prejudice, Prescription
Civil Procedure Administrative Law Condonation Institution of Legal Proceedings Against Organs of State Act Late Service of Statutory Notice Good Cause Prejudice Prescription

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mokoena EE

Applicant

The Member of the Executive Council for Health, Free State Province

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Service of Statutory Notice Under Section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002.

Legal Issues

  1. 1 Whether the applicant has shown good cause for the late service of the statutory notice under section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002.
  2. 2 Whether the respondent suffered unreasonable prejudice due to the late service of the notice.
  3. 3 Whether the debt has been extinguished by prescription.

Ratio Decidendi

The court found that the applicant became aware of the potential claim and the identity of the debtor on 6 September 2017, and that her attorneys made reasonable efforts to obtain hospital records to assess the claim. The delay in serving the statutory notice was primarily caused by the respondent's failure to provide the requested records. The court held that the applicant had shown good cause for the delay, that the claim was instituted within the prescription period, and that the respondent failed to demonstrate any specific unreasonable prejudice resulting from the late notice. The respondent's opposition was found to be unmeritorious and based on unfounded attacks on the applicant's...

Court Disposition

Application for condonation granted. Costs awarded against the respondent.

Orders

  • The late service by the applicant of the notice of her intention to institute legal proceedings in terms of section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 is condoned.
  • The respondent is directed to pay the costs of this application.