Willemse v MEC for Health, Free State Province (3905/2018) [2019] ZAFSHC 265 (17 February 2019)

Willemse v MEC for Health, Free State Province (3905/2018) [2019] ZAFSHC 265 (17 February 2019)

The court found that the applicant, a lay person, provided a plausible explanation for his late filing of the section 3 notice, citing ignorance of the statutory requirement and difficulties in obtaining medical records. The respondent's claim of prejudice was not substantiated with specific facts relevant to the case. The judgment of the court a quo failed to detail the nature of prejudice that would be suffered. Upon considering the merits, the court concluded that there are reasonable prospects of success in the appeal against the dismissal of condonation. Accordingly, leave to appeal was granted.

Citation
[2019] ZAFSHC 265
Parties
Applicant: Jean Willemse; Respondent: MEC for Health, Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 February 2019
Case Number
3905/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Condonation
Outcome
Leave to appeal granted to the full court of the Division.
Judges
N. M. MBHELE
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State Act, Prescription, Negligence, Hospital Liability
Civil Procedure Delict Condonation Institution of Legal Proceedings Against Organs of State Act Prescription Negligence Hospital Liability

Case Brief

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Parties

Jean Willemse

Applicant

MEC for Health, Free State Province

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Condonation

Legal Issues

  1. 1 Whether the applicant provided sufficient explanation for non-compliance with section 3(2)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act.
  2. 2 Whether there are reasonable prospects of success in the appeal against the dismissal of condonation.
  3. 3 Whether the respondent would suffer prejudice if condonation is granted.

Ratio Decidendi

The court found that the applicant, a lay person, provided a plausible explanation for his late filing of the section 3 notice, citing ignorance of the statutory requirement and difficulties in obtaining medical records. The respondent's claim of prejudice was not substantiated with specific facts relevant to the case. The judgment of the court a quo failed to detail the nature of prejudice that would be suffered. Upon considering the merits, the court concluded that there are reasonable prospects of success in the appeal against the dismissal of condonation. Accordingly, leave to appeal was granted.

Court Disposition

Leave to appeal granted to the full court of the Division.

Orders

  • Application for leave to appeal is granted to the full court of this Division.
  • Costs shall be costs in the appeal.