Webber v Minister of Police (12612/2019) [2024] ZAWCHC 277 (25 September 2024)

Webber v Minister of Police (12612/2019) [2024] ZAWCHC 277 (25 September 2024)

The applicant failed to provide a comprehensive and satisfactory explanation for the delay in sending the statutory notice and launching the condonation application. The periods of delay were riddled with unexplained gaps, and the applicant did not adequately account for his inaction during critical periods. The claim itself had weak prospects of success, as the applicant was fleeing after committing murder, was armed and dangerous, and the police's use of force was justified under the circumstances. The applicant's failure to address the contents of his plea agreement and the lack of detail in his affidavits further undermined his case. Prejudice to the Minister was inherent due to the...

Citation
[2024] ZAWCHC 277
Parties
Applicant: Graham Webber; Respondent: Minister of Police
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
25 September 2024
Case Number
12612/2019
Procedural Posture
Condonation Application / Application for Condonation of Late Statutory Notice
Outcome
Application for condonation for late service of the statutory notice is dismissed with costs.
Judges
A Montzinger
Legal Topics
Institution of Legal Proceedings Against Organs of State Act, Condonation, Statutory Notice Requirement, Prescription, Negligence, Use of Force in Arrest
Civil Procedure Delict Institution of Legal Proceedings Against Organs of State Act Condonation Statutory Notice Requirement Prescription Negligence Use of Force in Arrest

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Parties

Graham Webber

Applicant

Minister of Police

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Statutory Notice

Legal Issues

  1. 1 Whether the applicant has established good cause for condonation of late notice under section 3(4)(a) and (b) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002.
  2. 2 Whether the delay in sending the statutory notice and launching the condonation application is adequately explained.
  3. 3 Whether the applicant's claim against the Minister has reasonable prospects of success.

Ratio Decidendi

The applicant failed to provide a comprehensive and satisfactory explanation for the delay in sending the statutory notice and launching the condonation application. The periods of delay were riddled with unexplained gaps, and the applicant did not adequately account for his inaction during critical periods. The claim itself had weak prospects of success, as the applicant was fleeing after committing murder, was armed and dangerous, and the police's use of force was justified under the circumstances. The applicant's failure to address the contents of his plea agreement and the lack of detail in his affidavits further undermined his case. Prejudice to the Minister was inherent due to the...

Court Disposition

Application for condonation for late service of the statutory notice is dismissed with costs.

Orders

  • The application for condonation for the late service of the notice in terms of section 3(4)(2)(b) of Act 40 of 2002 is dismissed.
  • Costs are awarded against the applicant on a party and party scale, including advocate fees on scale B from 12 April 2024 onwards.