Ngwazi v Minister of Police (2021/50610) [2024] ZAGPJHC 966 (25 September 2024)

Parties

Procedural Posture

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

Legal Issues

1. 1 Whether the applicant's failure to give timeous notice under section 3(1) of the Institution of Legal Proceedings Against Certain Organs of State Act should be condoned.
2. 2 Whether the applicant provided a sufficient explanation for the delay in serving notice.
3. 3 Whether the respondent will suffer unreasonable prejudice if condonation is granted.

Ratio Decidendi

The court found that although the applicant's explanation for the delay was not comprehensive, the strong merits of his claim—evidenced by the withdrawal of charges after a lengthy detention—mitigated the shortcomings in his explanation. The respondent's opposition was limited to the adequacy of the explanation and the issue of prejudice, but the applicant alleged absence of prejudice, which was met only with a bare denial. The court inferred that any prejudice to the respondent would be unreasonable. In the interests of justice, the court exercised its discretion to condone the applicant's non-compliance with section 3 of the Act.

Court Disposition

Condonation granted for the applicant's late notice under section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act.

Orders

• The applicant's non-compliance with section 3(1)(a) read with section 3(2)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act, Act 40 of 2002, in respect of his claim against the respondent under case number 50610/2021 is condoned.
• The respondent is directed to pay the applicant's costs of this application, such costs to be taxed in terms of scale B of Rule 67A of the Uniform Rules of Court.