Roodt and Others v Member of Executive Council for Health (823/2019) [2021] ZAFSHC 339 (10 February 2021)

Roodt and Others v Member of Executive Council for Health (823/2019) [2021] ZAFSHC 339 (10 February 2021)

The court found that the applicants failed to show good cause for the late notice. Their explanation of ignorance of the law was not credible given their proactive conduct after the death, including insisting on a post-mortem and waiting for the inquest outcome. The delay in bringing the condonation application was not adequately explained, with the Covid-19 pandemic cited only superficially and not accounting for the entire period. The applicants did not provide sufficient detail regarding their financial position or efforts to obtain legal representation. The respondent's claim of prejudice was limited to costs, which the court found did not constitute unreasonable prejudice in these...

Citation
[2021] ZAFSHC 339
Parties
Applicant: Magdalena Adriana Roodt; Applicant: Jeanette Fauche; Applicant: George Albert Roodt; Applicant: Lea Roodt; Respondent: Member of Executive Council for Health
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 February 2021
Case Number
823/2019
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 40 of 2002
Outcome
Application for condonation dismissed; costs awarded against the applicants.
Judges
C Nekosie
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Good Cause, Unreasonable Prejudice, Prescription, Costs Orders
Civil Procedure Administrative Law Condonation Institution of Legal Proceedings Against Organs of State Act Good Cause Unreasonable Prejudice Prescription Costs Orders

Case Brief

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Parties

Magdalena Adriana Roodt

Applicant

Jeanette Fauche

Applicant

George Albert Roodt

Applicant

Lea Roodt

Applicant

Member of Executive Council for Health

Respondent

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 40 of 2002

Legal Issues

  1. 1 Whether the applicants have shown good cause for the late notice under section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002.
  2. 2 Whether the respondent has suffered unreasonable prejudice due to the late notice.
  3. 3 Whether the claim has prescribed.

Ratio Decidendi

The court found that the applicants failed to show good cause for the late notice. Their explanation of ignorance of the law was not credible given their proactive conduct after the death, including insisting on a post-mortem and waiting for the inquest outcome. The delay in bringing the condonation application was not adequately explained, with the Covid-19 pandemic cited only superficially and not accounting for the entire period. The applicants did not provide sufficient detail regarding their financial position or efforts to obtain legal representation. The respondent's claim of prejudice was limited to costs, which the court found did not constitute unreasonable prejudice in these...

Court Disposition

Application for condonation dismissed; costs awarded against the applicants.

Orders

  • The application for condonation is dismissed.
  • The applicants are to pay the costs of the application on a party and party scale.