Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020) [2025] ZAMPMBHC 33 (23 April 2025)

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020) [2025] ZAMPMBHC 33 (23 April 2025)

The applicant failed to provide any explanation for the substantial delay of more than seven years in bringing the condonation application after being made aware of her non-compliance with the statutory notice requirements. The applicant did not address prospects of success in her founding or replying affidavits, and any reference to supporting evidence was unsubstantiated and not properly annexed to the court papers. The applicant's generic assertions regarding lack of prejudice to the respondent and reliance on constitutional rights were insufficient to justify condonation. The respondent demonstrated potential prejudice due to the passage of time and possible unavailability of medical...

Citation
[2025] ZAMPMBHC 33
Parties
Applicant: Andile Faith Ndimande; Respondent: MEC for Health for the Mpumalanga Provincial Government
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
23 April 2025
Case Number
2905/2020
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Statutory Notice Under Section 3(4)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Application for condonation dismissed with costs.
Judges
H F Fourie
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Statutory Notice, Good Cause, Prejudice, Delay in Application
Civil Procedure Administrative Law Condonation Institution of Legal Proceedings Against Organs of State Act Statutory Notice Good Cause Prejudice Delay in Application

Case Brief

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Parties

Andile Faith Ndimande

Applicant

MEC for Health for the Mpumalanga Provincial Government

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Statutory Notice Under Section 3(4)(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 non-compliance with Section 3(2)(a) of the Institution of Legal Proceedings against certain Organs of State Act.
  2. 2 Whether the respondent was unreasonably prejudiced by the applicant's failure to comply with the statutory notice requirements.
  3. 3 Whether the applicant provided a satisfactory explanation for the substantial delay in bringing the condonation application.

Ratio Decidendi

The applicant failed to provide any explanation for the substantial delay of more than seven years in bringing the condonation application after being made aware of her non-compliance with the statutory notice requirements. The applicant did not address prospects of success in her founding or replying affidavits, and any reference to supporting evidence was unsubstantiated and not properly annexed to the court papers. The applicant's generic assertions regarding lack of prejudice to the respondent and reliance on constitutional rights were insufficient to justify condonation. The respondent demonstrated potential prejudice due to the passage of time and possible unavailability of medical...

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application for condonation for the late filing of the applicant's Letter of Demand in terms of Section 3(4)(a) of the Institution of Legal Proceedings against certain Organs of State Act, 40 of 2002, is dismissed.
  • The applicant is to pay the costs on the ordinary scale of party and party.