Segodi v MEC for the Mpumalanga Department of Health (1779/2020) [2023] ZAMPMBHC 66 (28 December 2023)

Segodi v MEC for the Mpumalanga Department of Health (1779/2020) [2023] ZAMPMBHC 66 (28 December 2023)

The court found that the applicant failed to provide a satisfactory explanation for the delay in serving notice and launching the condonation application. The evidence of depression and family intervention was unsupported by medical or confirmatory affidavits, and the timeline of events was inadequately explained. The COVID-19 pandemic did not account for the entire period of delay, as the applicant was able to consult attorneys and institute action during the pandemic. The court held that good cause for condonation was not established and that the Department would be prejudiced by condonation due to the lack of timely notice and proper service. Furthermore, service of notice on the MEC...

Citation
[2023] ZAMPMBHC 66
Parties
Applicant: Sydwell Segodi; Respondent: MEC for the Mpumalanga Department of Health
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
28 December 2023
Case Number
1779/2020
Procedural Posture
Condonation Application / Judgment on Condonation Application Under Section 3(1) of the Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Application for condonation dismissed with costs.
Judges
Mashile
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Late Notice, Prejudice to Organ of State, Prospects of Success, Service of Notice
Civil Procedure Delict Condonation Institution of Legal Proceedings Against Organs of State Act Late Notice Prejudice to Organ of State Prospects of Success Service of Notice

Case Brief

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Parties

Sydwell Segodi

Applicant

MEC for the Mpumalanga Department of Health

Respondent

Procedural Posture

Condonation Application / Judgment on Condonation Application Under Section 3(1) of the Institution of Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether the applicant's failure to serve notice within six months of the cause of action should be condoned under Section 3(4) of the Act.
  2. 2 Whether the action instituted by the applicant against the Department was validly and properly instituted.
  3. 3 Whether service of notice upon the MEC for Health: Mpumalanga, and not the Head of Department, constitutes adequate service.

Ratio Decidendi

The court found that the applicant failed to provide a satisfactory explanation for the delay in serving notice and launching the condonation application. The evidence of depression and family intervention was unsupported by medical or confirmatory affidavits, and the timeline of events was inadequately explained. The COVID-19 pandemic did not account for the entire period of delay, as the applicant was able to consult attorneys and institute action during the pandemic. The court held that good cause for condonation was not established and that the Department would be prejudiced by condonation due to the lack of timely notice and proper service. Furthermore, service of notice on the MEC...

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application for condonation is dismissed with costs.