South Africa Case Law

Lombo v African National Congress (17/2001)

Lombo v African National Congress (17/2001) [2002] ZASCA 61; [2002] 3 All SA 517 (A); 2002 (5) SA 668 (SCA) (30 May 2002)

Court

Supreme Court of Appeal

Case number

17/2001

Judges

Smalberger, Olivier, Streicher, Farlam, Navsa

The court held that the appellant's claims for assault, maltreatment, and deprivation of property were prescribed under section 11(d) of the Prescription Act, as they arose more than three years before summons was served and no valid interruption of prescription was proved. The maxim lex non cogit ad impossibilia did not apply, as section 13(1) of the Act provided a statutory remedy, granting the appellant one year after release to institute action, which he failed to do. Regarding unlawful detention, the court found that each day of detention constituted a separate cause of action, and only…

Source excerpt

• Prescription Act
• Unlawful Detention
• Assault And Maltreatment
• Geneva Conventions
• Acknowledgment Of Liability