Roodt and Others v Member of Executive Council for Health (823/2019) [2022] ZAFSHC 25 (10 February 2022)

Roodt and Others v Member of Executive Council for Health (823/2019) [2022] ZAFSHC 25 (10 February 2022)

The court found that the applicants failed to show good cause for the late notice as required by section 4 of the Institution of Legal Proceedings Against Certain Organs of State Act. Their explanation for the delay was insufficient, with the claim of ignorance of the law contradicted by their conduct and lack of detailed disclosure regarding financial constraints. The delay attributed to the Covid-19 pandemic did not account for the entire period, and the applicants did not provide a comprehensive explanation. The respondent's claim of prejudice was limited to legal costs, which the court found did not constitute unreasonable prejudice in the circumstances. The prospects of success were...

Citation
[2022] ZAFSHC 25
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 2022
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
Outcome
Application for condonation dismissed with costs.
Judges
C Nekosie
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Good Cause, Unreasonable Prejudice, Prescription
Civil Procedure Administrative Law Condonation Institution of Legal Proceedings Against Organs of State Act Good Cause Unreasonable Prejudice Prescription

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

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.
  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 as required by section 4 of the Institution of Legal Proceedings Against Certain Organs of State Act. Their explanation for the delay was insufficient, with the claim of ignorance of the law contradicted by their conduct and lack of detailed disclosure regarding financial constraints. The delay attributed to the Covid-19 pandemic did not account for the entire period, and the applicants did not provide a comprehensive explanation. The respondent's claim of prejudice was limited to legal costs, which the court found did not constitute unreasonable prejudice in the circumstances. The prospects of success were...

Court Disposition

Application for condonation dismissed with costs.

Orders

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