Shannon v Masilonyana Local Municipality (5745/2015) [2017] ZAFSHC 149 (7 September 2017)

Shannon v Masilonyana Local Municipality (5745/2015) [2017] ZAFSHC 149 (7 September 2017)

The court found that the applicants provided a reasonable and detailed explanation for the delay in serving the notice, acting bona fide and with diligence in gathering necessary information. The respondent failed to demonstrate any real or unreasonable prejudice resulting from the late notice, as the incident was well-documented and the municipality was always aware of the claim. The prospects of success on the merits were not seriously contested, and the interests of justice required that the applicants be allowed to have their case heard. The requirements of s 3(4)(b) of Act 40 of 2002 were satisfied, and condonation for the late notice was granted. Costs were awarded to the...

Citation
[2017] ZAFSHC 149
Parties
Applicant: Madeleine Shannon; Applicant: Jessica Shannon; Respondent: Masilonyana Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 September 2017
Case Number
5745/2015
Procedural Posture
Condonation Application / Application for Condonation for Late Notice Under S 3 of Act 40 of 2002 Prior to Main Trial
Outcome
Condonation for late service of notice is granted. Costs awarded to applicants.
Judges
Daffue
Legal Topics
Institution of Legal Proceedings Against Organs of State Act, Condonation, Loss of Support, Notice Requirements, Prejudice, Prospects of Success
Civil Procedure Delict Institution of Legal Proceedings Against Organs of State Act Condonation Loss of Support Notice Requirements Prejudice Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Madeleine Shannon

Applicant

Jessica Shannon

Applicant

Masilonyana Local Municipality

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Notice Under S 3 of Act 40 of 2002 Prior to Main Trial

Legal Issues

  1. 1 Whether the applicants have shown good cause for their failure to serve the required notice within the period stipulated by s 3(2)(a) of Act 40 of 2002.
  2. 2 Whether the respondent municipality was unreasonably prejudiced by the late notice.
  3. 3 Whether the applicants are entitled to condonation for late notice under s 3(4)(b) of Act 40 of 2002.

Ratio Decidendi

The court found that the applicants provided a reasonable and detailed explanation for the delay in serving the notice, acting bona fide and with diligence in gathering necessary information. The respondent failed to demonstrate any real or unreasonable prejudice resulting from the late notice, as the incident was well-documented and the municipality was always aware of the claim. The prospects of success on the merits were not seriously contested, and the interests of justice required that the applicants be allowed to have their case heard. The requirements of s 3(4)(b) of Act 40 of 2002 were satisfied, and condonation for the late notice was granted. Costs were awarded to the...

Court Disposition

Condonation for late service of notice is granted. Costs awarded to applicants.

Orders

  • The applicants' failure to serve the notice contemplated in s 3(1)(a) of Act 40 of 2002 within the period laid down in s 3(2)(a) of the Act is hereby condoned.
  • Respondent is ordered to pay applicants' costs of the application on an opposed basis.