Ndlovu v Minister of Police (5908/2018) [2022] ZAFSHC 200 (17 August 2022)

Ndlovu v Minister of Police (5908/2018) [2022] ZAFSHC 200 (17 August 2022)

The applicant did not comply with the six-month notice requirement under section 3(2)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act, as the notice was served approximately 15 months after the debt became due. However, the court found that the applicant's claim had not prescribed and that, despite inadequacies in the explanation for delay, there were good prospects of success on the merits. The respondent failed to demonstrate unreasonable prejudice resulting from the late notice, as the alleged prejudice was speculative and not supported by evidence. The court exercised its discretion to grant condonation for the late filing of the notice, considering the...

Citation
[2022] ZAFSHC 200
Parties
Applicant: Sibusiso Presley Ndlovu; Respondent: Minister of Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 August 2022
Case Number
5908/2018
Procedural Posture
Civil Application / Application for Condonation for Late Notice Under S 3 of the Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Condonation for late service of notice is granted. The applicant is ordered to pay the costs of the application.
Judges
Daniso
Legal Topics
Institution of Legal Proceedings Against Organs of State Act, Condonation for Late Notice, Unlawful Arrest, Damages Claim
Civil Procedure Delict Institution of Legal Proceedings Against Organs of State Act Condonation for Late Notice Unlawful Arrest Damages Claim

Case Brief

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Parties

Sibusiso Presley Ndlovu

Applicant

Minister of Police

Respondent

Procedural Posture

Civil Application / Application for Condonation for Late Notice Under S 3 of the Institution of Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether the applicant complied with section 3(2)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act by serving notice within six months of the debt becoming due.
  2. 2 Whether the applicant has shown good cause for condonation of late notice under section 3(4)(b) of the Act.
  3. 3 Whether the respondent was unreasonably prejudiced by the late notice.

Ratio Decidendi

The applicant did not comply with the six-month notice requirement under section 3(2)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act, as the notice was served approximately 15 months after the debt became due. However, the court found that the applicant's claim had not prescribed and that, despite inadequacies in the explanation for delay, there were good prospects of success on the merits. The respondent failed to demonstrate unreasonable prejudice resulting from the late notice, as the alleged prejudice was speculative and not supported by evidence. The court exercised its discretion to grant condonation for the late filing of the notice, considering the...

Court Disposition

Condonation for late service of notice is granted. The applicant is ordered to pay the costs of the application.

Orders

  • Condonation is granted to the applicant for the late service of the notice in terms of section 3(1)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act, 40 of 2002.
  • The applicant is to pay the costs of the application.