Transnet Ltd. v Ngcezula (288/93) [1994] ZASCA 192; 1995 (3) SA 538 (AD); [1995] 2 All SA 111 (A) (30 November 1994)

Transnet Ltd. v Ngcezula (288/93) [1994] ZASCA 192; 1995 (3) SA 538 (AD); [1995] 2 All SA 111 (A) (30 November 1994)

The Supreme Court of Appeal held that the repeal of section 64(3) of the South African Transport Services Act 65 of 1981 did not retrospectively extinguish the accrued rights and obligations of the parties. Both the right of Transnet (as successor to SATS) to resist the claim due to late lodging, and the respondent's right to apply for special leave, survived the repeal by virtue of section 12(2) of the Interpretation Act 33 of 1957. The court found that the respondent had demonstrated special circumstances for her delay, namely her severe injuries and inability to instruct her attorney, and that Transnet had failed to show prejudice resulting from the late lodging of the claim. The court...

Citation
[1994] ZASCA 192
Parties
Appellant: Transnet Limited; Respondent: Nomzoxolo Ngcezula
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 1994
Case Number
288/93
Procedural Posture
Civil Appeal / Appeal From South Eastern Cape Local Division; Leave Granted to Appellant
Outcome
Appeal allowed in part; order of court a quo set aside and substituted with grant of special leave to respondent to lodge claim within 20 days; each party to bear its own costs of appeal.
Judges
Botha, Van Heerden, Hefer, Nienaber, Howie
Legal Topics
Statutory Time Bar, Special Leave to Lodge Claim, Interpretation Act Application, Succession of Liabilities, Procedural Vs Substantive Law
Civil Procedure Land and Property Statutory Time Bar Special Leave to Lodge Claim Interpretation Act Application Succession of Liabilities Procedural Vs Substantive Law

Case Brief

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Parties

Transnet Limited

Appellant

Nomzoxolo Ngcezula

Respondent

Procedural Posture

Civil Appeal / Appeal From South Eastern Cape Local Division; Leave Granted to Appellant

Legal Issues

  1. 1 Whether the repeal of section 64(3) of the South African Transport Services Act 65 of 1981 extinguished the respondent's right to seek special leave to lodge her claim out of time.
  2. 2 Whether Transnet, as successor to SATS, inherited both the rights and obligations relevant to the respondent's claim.
  3. 3 Whether the respondent satisfied the requirements for special leave under section 64(3) of the 1981 Act.

Ratio Decidendi

The Supreme Court of Appeal held that the repeal of section 64(3) of the South African Transport Services Act 65 of 1981 did not retrospectively extinguish the accrued rights and obligations of the parties. Both the right of Transnet (as successor to SATS) to resist the claim due to late lodging, and the respondent's right to apply for special leave, survived the repeal by virtue of section 12(2) of the Interpretation Act 33 of 1957. The court found that the respondent had demonstrated special circumstances for her delay, namely her severe injuries and inability to instruct her attorney, and that Transnet had failed to show prejudice resulting from the late lodging of the claim. The court...

Court Disposition

Appeal allowed in part; order of court a quo set aside and substituted with grant of special leave to respondent to lodge claim within 20 days; each party to bear its own costs of appeal.

Orders

  • The appeal is allowed.
  • The order of the court a quo is set aside and substituted with: (a) Special leave is granted to the applicant in terms of section 64(3) of Act 65 of 1981 to lodge her claim in writing by hand or post with the respondent within 20 days after delivery of this judgment. (b) The costs of the application are to be paid...