Zulu obo Lelethu Zulu v MEC for Health Eastern Cape Province (5147/2018) [2022] ZAECMHC 14 (17 May 2022)

Zulu obo Lelethu Zulu v MEC for Health Eastern Cape Province (5147/2018) [2022] ZAECMHC 14 (17 May 2022)

The court found that the applicant had knowledge of the facts giving rise to her claim and the identity of the debtor as early as October 2016, when advised by her attorney. The delay of one year and nine months before serving notice was unexplained and not justified by the applicant. The applicant failed to provide a full and reasonable explanation for the entire period of delay, as required for condonation. The court held that knowledge of the existence of a claim is a conclusion of law and does not excuse the delay. The absence of a satisfactory explanation and the substantial delay meant that good cause was not shown. The court further found that prejudice to the respondent is...

Citation
[2022] ZAECMHC 14
Parties
Applicant: Zenande Zulu obo Lelethu Zulu; Respondent: MEC for Health Eastern Cape Province
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
17 May 2022
Case Number
5147/2018
Procedural Posture
Civil Application / Application for Condonation for Late Notice Under Section 3 of Act 40 of 2002
Outcome
Application for condonation for late service of notice in terms of section 3(4)(2)(b) of Act 40 of 2002 is dismissed with costs.
Judges
B R Tokota
Legal Topics
Condonation for Late Notice, Medical Negligence, Institution of Legal Proceedings Against Organs of State, Prescription, Good Cause Requirement
Civil Procedure Delict Condonation for Late Notice Medical Negligence Institution of Legal Proceedings Against Organs of State Prescription Good Cause Requirement

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Parties

Zenande Zulu obo Lelethu Zulu

Applicant

MEC for Health Eastern Cape Province

Respondent

Procedural Posture

Civil Application / Application for Condonation for Late Notice Under Section 3 of Act 40 of 2002

Legal Issues

  1. 1 Whether the applicant's failure to serve notice in terms of section 3 of Act 40 of 2002 timeously should be condoned.
  2. 2 Whether the applicant had knowledge of the facts giving rise to the cause of action within the prescribed period.
  3. 3 Whether the applicant provided a reasonable and acceptable explanation for the delay.

Ratio Decidendi

The court found that the applicant had knowledge of the facts giving rise to her claim and the identity of the debtor as early as October 2016, when advised by her attorney. The delay of one year and nine months before serving notice was unexplained and not justified by the applicant. The applicant failed to provide a full and reasonable explanation for the entire period of delay, as required for condonation. The court held that knowledge of the existence of a claim is a conclusion of law and does not excuse the delay. The absence of a satisfactory explanation and the substantial delay meant that good cause was not shown. The court further found that prejudice to the respondent is...

Court Disposition

Application for condonation for late service of notice in terms of section 3(4)(2)(b) of Act 40 of 2002 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 with costs.