Sogoni v Member of the Executive Council for Health, Eastern Cape Province (828/2017) [2020] ZAECBHC 35 (29 April 2020)

Sogoni v Member of the Executive Council for Health, Eastern Cape Province (828/2017) [2020] ZAECBHC 35 (29 April 2020)

The court found that the applicant was not aware of the legal requirements or the factual basis for a claim until he received the post-mortem report in October 2017. The applicant's explanation for the delay was accepted as reasonable given his circumstances as a rural, unsophisticated person dealing with bereavement and caring for twins. The respondent's claim of unreasonable prejudice was rejected, as it failed to show why it could not trace relevant medical staff. The court held that the applicant met all three requirements under section 3(4)(b) of the Institution of Legal Proceedings Against Certain Organs of State Act: the debt had not prescribed, good cause existed for the delay,...

Citation
[2020] ZAECBHC 35
Parties
Applicant: Mncedisi Wycliff Sogoni; Respondent: Member of the Executive Council for Health, Eastern Cape Province
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
29 April 2020
Case Number
828/2017
Procedural Posture
Condonation Application / Application for Condonation of Late Notice Under Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Application for condonation granted in favour of the applicant.
Judges
Laing
Legal Topics
Condonation, Prescription, Medical Negligence, Institution of Legal Proceedings Against Organs of State Act, Right of Access to Courts
Civil Procedure Delict Condonation Prescription Medical Negligence Institution of Legal Proceedings Against Organs of State Act Right of Access to Courts

Case Brief

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Parties

Mncedisi Wycliff Sogoni

Applicant

Member of the Executive Council for Health, Eastern Cape Province

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for failing to serve notice within the prescribed period under section 3(2)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act.
  2. 2 Whether the applicant's claim has prescribed.
  3. 3 Whether the respondent has suffered unreasonable prejudice due to the late notice.

Ratio Decidendi

The court found that the applicant was not aware of the legal requirements or the factual basis for a claim until he received the post-mortem report in October 2017. The applicant's explanation for the delay was accepted as reasonable given his circumstances as a rural, unsophisticated person dealing with bereavement and caring for twins. The respondent's claim of unreasonable prejudice was rejected, as it failed to show why it could not trace relevant medical staff. The court held that the applicant met all three requirements under section 3(4)(b) of the Institution of Legal Proceedings Against Certain Organs of State Act: the debt had not prescribed, good cause existed for the delay,...

Court Disposition

Application for condonation granted in favour of the applicant.

Orders

  • The application for condonation is granted.
  • The respondent is ordered to pay the costs of the application on a party-and-party scale.