Rauwane obo Revelation v MEC for Health Gauteng Provincial Government (19009/14) [2018] ZAGPJHC 518 (12 September 2018)

Rauwane obo Revelation v MEC for Health Gauteng Provincial Government (19009/14) [2018] ZAGPJHC 518 (12 September 2018)

The court found that the grounds for appeal were identical to the special pleas previously dismissed. The defendant failed to demonstrate reasonable prospects of success on appeal or any compelling reason for the appeal to be heard. The alleged non-compliance with section 2(2) of the State Liability Act did not render the summons void, as the Act does not specify such a consequence and the defendant suffered no prejudice. The plaintiff's intention to institute action and the summons were brought to the attention of the defendant and the State Attorney, who took steps to protect the defendant's interests. The court was satisfied that the plaintiff had locus standi and that the claim was...

Citation
[2018] ZAGPJHC 518
Parties
Plaintiff: Rauwane, Jacobeth obo Revelation; Defendant: MEC for Health Gauteng Provincial Government
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 September 2018
Case Number
19009/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Special Pleas
Outcome
Application for leave to appeal dismissed with costs.
Judges
M B Mahalelo
Legal Topics
Leave to Appeal, Special Plea, Institution of Legal Proceedings Against Organs of State Act, State Liability Act, Locus Standi, Prescription
Civil Procedure Leave to Appeal Special Plea Institution of Legal Proceedings Against Organs of State Act State Liability Act Locus Standi Prescription

Case Brief

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Parties

Rauwane, Jacobeth obo Revelation

Plaintiff

MEC for Health Gauteng Provincial Government

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Special Pleas

Legal Issues

  1. 1 Whether the defendant has reasonable prospects of success on appeal against the dismissal of its special pleas.
  2. 2 Whether failure to comply with section 2(2) of the State Liability Act renders the summons void.
  3. 3 Whether the plaintiff had locus standi to institute action on behalf of the minor.

Ratio Decidendi

The court found that the grounds for appeal were identical to the special pleas previously dismissed. The defendant failed to demonstrate reasonable prospects of success on appeal or any compelling reason for the appeal to be heard. The alleged non-compliance with section 2(2) of the State Liability Act did not render the summons void, as the Act does not specify such a consequence and the defendant suffered no prejudice. The plaintiff's intention to institute action and the summons were brought to the attention of the defendant and the State Attorney, who took steps to protect the defendant's interests. The court was satisfied that the plaintiff had locus standi and that the claim was...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.