Davids v Coetzee and Others (CA&R 42/2017) [2018] ZANCHC 48 (29 June 2018)

Davids v Coetzee and Others (CA&R 42/2017) [2018] ZANCHC 48 (29 June 2018)

The court held that the appellant failed to establish good cause for condonation of the late notice required under section 3 of the Institution of Legal Proceedings against Certain Organs of State Act. The debts became due upon the appellant's release from detention, not upon withdrawal or acquittal in the criminal...

Source-derived case information.

Citation
[2018] ZANCHC 48
Parties
Appellant: Daniel Davids; Respondent: Henco Coetzee; Respondent: Gerhard Swartz; Respondent: Mapogo Security Services; Respondent: Minister of Safety and Security (now Minister of Police)
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
29 June 2018
Case Number
CA&R 42/2017
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Condonation Application for Late Notice Under Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Appeal dismissed with costs.
Judges
CJ Olivier, CC Williams
Legal Topics
Institution of Legal Proceedings Act, Condonation, Unlawful Arrest, Malicious Prosecution, Prescription of Claims
Civil Procedure Delict Institution of Legal Proceedings Act Condonation Unlawful Arrest Malicious Prosecution Prescription of Claims

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Summary, issues, holding and outcome

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Parties

Daniel Davids

Appellant

Henco Coetzee

Respondent

Gerhard Swartz

Respondent

Mapogo Security Services

Respondent

Minister of Safety and Security (now Minister of Police)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant established good cause for condonation of late notice under section 3 of the Institution of Legal Proceedings against Certain Organs of State Act.
  2. 2 Whether the debts (claims for unlawful arrest and detention) became due only upon withdrawal/acquittal or upon release from detention.
  3. 3 Whether the appellant provided a sufficiently full explanation for the delay in serving notice.

Ratio Decidendi

The court held that the appellant failed to establish good cause for condonation of the late notice required under section 3 of the Institution of Legal Proceedings against Certain Organs of State Act. The debts became due upon the appellant's release from detention, not upon withdrawal or acquittal in the criminal proceedings. The explanation for the delay was inadequate, as it did not account for the lengthy periods between release and consultation with the attorney, nor did it specify what information was unavailable to draft the notice. The appellant did not demonstrate strong prospects of success that could mitigate the inadequate explanation, nor did he substantiate the absence of...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.