Valantiya v MEC for Health: Province of the Eastern Cape (67/15) [2020] ZAECBHC 9 (28 May 2020)

Valantiya v MEC for Health: Province of the Eastern Cape (67/15) [2020] ZAECBHC 9 (28 May 2020)

The applicant failed to provide sufficient information to establish good cause for her non-compliance with the statutory notice requirements under section 3 of the Institution of Legal Proceedings against certain Organs of State Act. Her affidavit did not address relevant aspects such as when she discovered her son's condition, what steps she took thereafter, and what prompted her to seek legal advice. The court is not satisfied with the paucity of information and, given that the other prerequisites for condonation are not in issue, declines to grant the relief sought. The respondent is granted absolution from the instance, but the issue of good cause may be explored at trial through oral...

Citation
[2020] ZAECBHC 9
Parties
Applicant: Andiswa Valantiya on behalf of Simvuyele Valantiya; Respondent: MEC for Health: Province of the Eastern Cape
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
28 May 2020
Case Number
67/15
Procedural Posture
Interlocutory Application / Application for Condonation of Non Compliance With Statutory Notice Requirements
Outcome
Application dismissed; respondent granted absolution from the instance.
Judges
Stretch
Legal Topics
Institution of Legal Proceedings Against Organs of State Act, Condonation, Good Cause, Notice Requirements
Civil Procedure Administrative Law Institution of Legal Proceedings Against Organs of State Act Condonation Good Cause Notice Requirements

Case Brief

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Parties

Andiswa Valantiya on behalf of Simvuyele Valantiya

Applicant

MEC for Health: Province of the Eastern Cape

Respondent

Procedural Posture

Interlocutory Application / Application for Condonation of Non Compliance With Statutory Notice Requirements

Legal Issues

  1. 1 Whether the applicant has shown good cause for failure to comply with section 3 notice requirements under the Institution of Legal Proceedings against certain Organs of State Act.
  2. 2 Whether the proceedings instituted by the applicant are valid ab initio despite non-compliance.
  3. 3 Whether the respondent is entitled to absolution from the instance.

Ratio Decidendi

The applicant failed to provide sufficient information to establish good cause for her non-compliance with the statutory notice requirements under section 3 of the Institution of Legal Proceedings against certain Organs of State Act. Her affidavit did not address relevant aspects such as when she discovered her son's condition, what steps she took thereafter, and what prompted her to seek legal advice. The court is not satisfied with the paucity of information and, given that the other prerequisites for condonation are not in issue, declines to grant the relief sought. The respondent is granted absolution from the instance, but the issue of good cause may be explored at trial through oral...

Court Disposition

Application dismissed; respondent granted absolution from the instance.

Orders

  • The respondent is granted absolution from the instance.
  • Costs are reserved.