NMZ obo SFZ v MEC for Health and Social Development of the Mpumalanga Provincial Government (1149/2020) [2021] ZASCA 184 (24 December 2021)

NMZ obo SFZ v MEC for Health and Social Development of the Mpumalanga Provincial Government (1149/2020) [2021] ZASCA 184 (24 December 2021)

The Supreme Court of Appeal found that the appellant's claim, brought on behalf of her minor child, had not prescribed. The appellant provided a detailed account of her efforts to obtain hospital records, which were delayed due to the hospital's inability to locate her file—a delay not disputed by the respondent. The Court held that the appellant had sufficient knowledge of the material facts by July 2014, making the s 3 notice served in July 2016 out of time. However, the Court found that good cause existed for the delay, as the respondent contributed to the delay by failing to provide records. The merits of the case, including evidence of negligent monitoring during labour, established...

Citation
[2021] ZASCA 184
Parties
Appellant: NMZ obo SFZ; Respondent: MEC for Health and Social Development of the Mpumalanga Provincial Government
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 December 2021
Case Number
1149/2020
Procedural Posture
Civil Appeal / Appeal From High Court Decision Refusing Condonation for Late Notice Under S 3 of the Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Appeal upheld; condonation for late service of s 3 notice granted; no order as to costs.
Judges
Zondi, Molemela, Hughes, Meyer, Weiner
Legal Topics
Condonation, Prescription, Institution of Legal Proceedings Against Organs of State Act, Medical Negligence, Prospects of Success
Civil Procedure Delict Condonation Prescription Institution of Legal Proceedings Against Organs of State Act Medical Negligence Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

NMZ obo SFZ

Appellant

MEC for Health and Social Development of the Mpumalanga Provincial Government

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision Refusing 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 High Court correctly dismissed the appellant's application for condonation for late service of notice under s 3 of the Institution of Legal Proceedings Against Certain Organs of State Act.
  2. 2 Whether good cause existed for the delay in serving the s 3 notice.
  3. 3 Whether the respondent was unreasonably prejudiced by the delay.

Ratio Decidendi

The Supreme Court of Appeal found that the appellant's claim, brought on behalf of her minor child, had not prescribed. The appellant provided a detailed account of her efforts to obtain hospital records, which were delayed due to the hospital's inability to locate her file—a delay not disputed by the respondent. The Court held that the appellant had sufficient knowledge of the material facts by July 2014, making the s 3 notice served in July 2016 out of time. However, the Court found that good cause existed for the delay, as the respondent contributed to the delay by failing to provide records. The merits of the case, including evidence of negligent monitoring during labour, established...

Court Disposition

Appeal upheld; condonation for late service of s 3 notice granted; no order as to costs.

Orders

  • The appeal is upheld with no order as to costs.
  • The order of the Mpumalanga Division of the High Court, Mbombela is set aside and replaced with: 'The application for condonation for the late service of the notice in terms of s 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 is granted with no order as to costs.'