Rossouw v MEC Police, Roads and Transport for the Province of the Free State (1836/2019) [2020] ZAFSHC 179 (5 November 2020)

Rossouw v MEC Police, Roads and Transport for the Province of the Free State (1836/2019) [2020] ZAFSHC 179 (5 November 2020)

The court found that the applicant’s explanation for the delay in serving notice was insufficient and unreasonable. Although the applicant claimed to have relied on her attorneys, the evidence showed she was proactive in pursuing the claim and was aware of the legal process. The delay of over seven years was extreme, and the applicant failed to provide a full and satisfactory explanation for the period of inactivity. The court further found that the applicant’s claim lacked prospects of success, as the evidence regarding the cause of the accident was largely hearsay, unsupported by witness statements or official reports, and the expert report was compiled years after the incident. The...

Citation
[2020] ZAFSHC 179
Parties
Applicant: Martha Johanna Petronella Rossouw; Respondent: Blignaut & Wessels; Respondent: MEC Police, Roads & Transport for the Province of the Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 November 2020
Case Number
1836/2019
Procedural Posture
Civil Application / Application for Condonation of Late Notice Under S3 Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Application for condonation of late service of notice dismissed with costs.
Judges
Daniso
Legal Topics
Institution of Legal Proceedings Against Organs of State Act, Condonation of Late Notice, Loss of Support, Negligence, Prescription, Children Best Interests
Civil Procedure Delict Institution of Legal Proceedings Against Organs of State Act Condonation of Late Notice Loss of Support Negligence Prescription Children Best Interests

Case Brief

Summary, issues, holding and outcome

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Parties

Martha Johanna Petronella Rossouw

Applicant

Blignaut & Wessels

Respondent

MEC Police, Roads & Transport for the Province of the Free State

Respondent

Procedural Posture

Civil Application / Application for Condonation of Late Notice Under S3 Institution of Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late service of notice under section 3(1)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act.
  2. 2 Whether the second respondent was unreasonably prejudiced by the late notice.
  3. 3 Whether the applicant's explanation for the delay is sufficient and reasonable.

Ratio Decidendi

The court found that the applicant’s explanation for the delay in serving notice was insufficient and unreasonable. Although the applicant claimed to have relied on her attorneys, the evidence showed she was proactive in pursuing the claim and was aware of the legal process. The delay of over seven years was extreme, and the applicant failed to provide a full and satisfactory explanation for the period of inactivity. The court further found that the applicant’s claim lacked prospects of success, as the evidence regarding the cause of the accident was largely hearsay, unsupported by witness statements or official reports, and the expert report was compiled years after the incident. The...

Court Disposition

Application for condonation of late service of notice dismissed with costs.

Orders

  • The application for condonation of the late service of the notice contemplated in section 3(1)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act, 40 of 2002, within the period laid down in section 3(2)(a) of the Act is dismissed with costs.