Rossouw v Blignaut & Wessels and Another (1836/2019) [2021] ZAFSHC 86 (18 March 2021)

Rossouw v Blignaut & Wessels and Another (1836/2019) [2021] ZAFSHC 86 (18 March 2021)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The applicant did not provide a sufficiently full explanation for the delay in serving the notice, nor did she establish that the second respondent would not be unreasonably prejudiced by condonation. The evidence relied upon by the applicant regarding the cause of the accident was found to be speculative and unsupported by contemporaneous reports. The court held that the requirements for condonation under the Institution of Legal Proceedings Against Certain Organs of State Act were not met, and that another court would not come to a different conclusion. Accordingly, leave to appeal was...

Citation
[2021] ZAFSHC 86
Parties
Applicant: Martha Johanna Petronella Rossouw; Respondent: Blignaut & Wessels; Respondent: MEC Police, Road and Transport for the Province of the Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 March 2021
Case Number
1836/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Condonation Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Daniso
Legal Topics
Condonation Application, Institution of Legal Proceedings Against Organs of State Act, Late Service of Notice, Prospects of Success on Appeal
Civil Procedure Condonation Application Institution of Legal Proceedings Against Organs of State Act Late Service of Notice Prospects of Success on Appeal

Case Brief

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Parties

Martha Johanna Petronella Rossouw

Applicant

Blignaut & Wessels

Respondent

MEC Police, Road and Transport for the Province of the Free State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Condonation Application

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal against the dismissal of her condonation application for late service of notice under the Institution of Legal Proceedings Against Certain Organs of State Act.
  2. 2 Whether good cause exists for the applicant's failure to serve the notice timeously.
  3. 3 Whether the second respondent would be unreasonably prejudiced if condonation is granted.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The applicant did not provide a sufficiently full explanation for the delay in serving the notice, nor did she establish that the second respondent would not be unreasonably prejudiced by condonation. The evidence relied upon by the applicant regarding the cause of the accident was found to be speculative and unsupported by contemporaneous reports. The court held that the requirements for condonation under the Institution of Legal Proceedings Against Certain Organs of State Act were not met, and that another court would not come to a different conclusion. Accordingly, leave to appeal was...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal to the full bench of this division against the judgment granted on 05 November 2020 is dismissed with costs.