Sefora v MEC for the Department of Health: Gauteng (14479/21) [2024] ZAGPPHC 840 (27 August 2024)

Sefora v MEC for the Department of Health: Gauteng (14479/21) [2024] ZAGPPHC 840 (27 August 2024)

The court found that the applicant's claim had not prescribed and that her personal circumstances, including grief and lack of legal knowledge, constituted good cause for the delay in serving the statutory notice. The respondent failed to demonstrate any actual prejudice resulting from the absence of a hospital admission number, as the deceased's identity number was provided and the hospital's records are computerized. The respondent's objections were theoretical and unsupported by evidence of actual difficulty in locating the relevant files. The court held that the requirements for condonation under section 3(4) of the Act were met and that it was just to grant the application.

Citation
[2024] ZAGPPHC 840
Parties
Applicant: Sefora Elizabeth Malesa; Respondent: MEC for the Department of Health: Gauteng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 August 2024
Case Number
14479/21
Procedural Posture
Condonation Application / Application for Condonation for Non Compliance With Statutory Notice Requirements Prior to Institution of Damages Claim.
Outcome
Condonation for non-compliance with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act is granted with costs.
Judges
Kumalo
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Loss of Support, Negligence, Statutory Notice Requirement
Civil Procedure Delict Condonation Institution of Legal Proceedings Against Organs of State Act Loss of Support Negligence Statutory Notice Requirement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Sefora Elizabeth Malesa

Applicant

MEC for the Department of Health: Gauteng

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Non Compliance With Statutory Notice Requirements Prior to Institution of Damages Claim.

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of non-compliance with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act.
  2. 2 Whether the respondent will suffer prejudice if condonation is granted.
  3. 3 Whether the absence of a hospital admission number precludes the respondent from investigating the claim.

Ratio Decidendi

The court found that the applicant's claim had not prescribed and that her personal circumstances, including grief and lack of legal knowledge, constituted good cause for the delay in serving the statutory notice. The respondent failed to demonstrate any actual prejudice resulting from the absence of a hospital admission number, as the deceased's identity number was provided and the hospital's records are computerized. The respondent's objections were theoretical and unsupported by evidence of actual difficulty in locating the relevant files. The court held that the requirements for condonation under section 3(4) of the Act were met and that it was just to grant the application.

Court Disposition

Condonation for non-compliance with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act is granted with costs.

Orders

  • The points in limine are dismissed.
  • The application for condonation is granted with costs, including counsel's costs on scale B.