South Africa Case Law

Hlatshwayo v Minister of Police and Another (1862/2020)

Hlatshwayo v Minister of Police and Another (1862/2020) [2025] ZAGPJHC 572 (10 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

1862/2020

Judge

K Warren

The applicant failed to provide a detailed and reasonable explanation for the two-year delay in serving the statutory notice. His affidavit lacked specificity regarding the steps taken to pursue his claim and did not demonstrate bona fides. No other party contributed to the delay, and the applicant's conduct indicated a lack of urgency. Furthermore, the applicant did not address the merits of his claim or respond to the respondent's evidence and arguments, undermining his prospects of success. The requirements for condonation under Section 3(4)(b) of the Act were not met, and the application…

Source excerpt

• Institution Of Legal Proceedings Against Organs Of State Act
• Condonation For Late Notice
• Good Cause Requirement
• Unlawful Arrest
• Malicious Prosecution

Van Vuuren v Mec for Health, Gauteng Province (054/2024)

Van Vuuren v Mec for Health, Gauteng Province (054/2024) [2025] ZASCA 76 (4 June 2025)

Court

Supreme Court of Appeal

Case number

054/2024

Judges

Mokgohloa, Matojane, Weiner, Smith, Vally

The Supreme Court of Appeal dismissed an appeal about late notice under the organ-of-state proceedings Act, holding condonation was unnecessary on the appellant’s own version.

• Institution Of Legal Proceedings Against Organs Of State Act
• Prescription Act
• Condonation For Late Notice
• Medical Negligence
• Loss Of Support
• Emotional Shock

Moletsane v Minister of Police and Another (4256/2023)

Moletsane v Minister of Police and Another (4256/2023) [2024] ZAFSHC 190 (14 June 2024)

Court

Free State High Court, Bloemfontein

Case number

4256/2023

Judge

Majosi

The court found that the applicant provided a sufficient explanation for the late notice to the second respondent, attributing the delay to lack of legal knowledge and advice. The period of lateness was only six months, and the applicant acted promptly upon receiving proper legal advice. The court was satisfied that the debt had not been extinguished by prescription, good cause existed for the delay, and the respondents would not suffer unreasonable prejudice. The respondents did not demonstrate any loss of evidence or unavailability of witnesses. The applicant's acquittal in the criminal tri…

Source excerpt

• Condonation For Late Notice
• Institution Of Legal Proceedings Against Organs Of State
• Malicious Prosecution
• Unlawful Arrest And Detention

Jansen Van Vuuren v Member of the Executive Council for Health of the Gauteng Province (A39/2023)

Jansen Van Vuuren v Member of the Executive Council for Health of the Gauteng Province (A39/2023) [2023] ZAGPPHC 1169 (14 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

A39/2023

Judges

Pretorius, Collis, Phahlane

The court found that the appellant, his father, and uncle had knowledge of the facts and the identity of the debtor since 2012, as evidenced by possession of hospital and hospice records, media coverage, and expert opinions. The appellant failed to explain the delay of 20 months after attaining majority before consulting attorneys and a further delay before launching the condonation application. The delay caused unreasonable prejudice to the respondent, as hospital records and personnel were no longer available. The appellant did not discharge the onus to show good cause for condonation, nor…

Source excerpt

• Condonation For Late Notice
• Prescription Act
• Medical Negligence
• Loss Of Support
• Institution Of Legal Proceedings Against Organs Of State

Ndlovu v Minister of Police (5908/2018)

Ndlovu v Minister of Police (5908/2018) [2022] ZAFSHC 200 (17 August 2022)

Court

Free State High Court, Bloemfontein

Case number

5908/2018

Judge

Daniso

The applicant did not comply with the six-month notice requirement under section 3(2)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act, as the notice was served approximately 15 months after the debt became due. However, the court found that the applicant's claim had not prescribed and that, despite inadequacies in the explanation for delay, there were good prospects of success on the merits. The respondent failed to demonstrate unreasonable prejudice resulting from the late notice, as the alleged prejudice was speculative and not supported by evidence. The court…

Source excerpt

• Institution Of Legal Proceedings Against Organs Of State Act
• Condonation For Late Notice
• Unlawful Arrest
• Damages Claim

Zulu obo Lelethu Zulu v MEC for Health Eastern Cape Province (5147/2018)

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

Court

Eastern Cape High Court, Mthatha

Case number

5147/2018

Judge

B R Tokota

The court dismissed an application for condonation for late notice under section 3 of Act 40 of 2002, finding the delay unexplained and good cause not shown.

• Condonation For Late Notice
• Medical Negligence
• Institution Of Legal Proceedings Against Organs Of State
• Prescription
• Good Cause Requirement
• Condonation-for-late-notice

Mehlwana v Minister of Police and Others (414/2020)

Mehlwana v Minister of Police and Others (414/2020) [2021] ZAECPEHC 56 (9 November 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

414/2020

Judge

Gqamana

The court found that the applicant's claims for wrongful arrest and detention from 29 July 2014 until 17 June 2017 had prescribed, as prescription runs from the date of arrest and each day of detention constitutes a new debt. The applicant was legally represented throughout and failed to provide a satisfactory explanation for not giving notice immediately after release from detention. The court held that knowledge of the legal conclusions or access to the police docket is not required for prescription to begin. The applicant did not establish good cause for his failure to comply with the stat…

Source excerpt

• Condonation For Late Notice
• Prescription
• Wrongful Arrest
• Unlawful Detention
• Breach Of Duty Of Care

Wessels and Others v Maluti-A-Phofung Municipality and Another (1095/2021)

Wessels and Others v Maluti-A-Phofung Municipality and Another (1095/2021) [2021] ZAFSHC 195 (10 September 2021)

Court

Free State High Court, Bloemfontein

Case number

1095/2021

Judge

Chesiwe

The court found that the applicants provided a reasonable and acceptable explanation for their delay in serving notice, which was largely due to reliance on legal representatives and the complexity of investigating the fire and damages. The applicants had made the respondents aware of the potential litigation through correspondence and expert assessments, and the respondents did not demonstrate unreasonable prejudice resulting from the delay. The court held that the applicants' claims had not prescribed, and that good cause existed for condonation. The right to have the merits of the case hea…

Source excerpt

• Condonation For Late Notice
• Institution Of Legal Proceedings Against Organs Of State
• Negligence
• Damage Due To Veld Fire

Moroeroe obo T.T.M v Member of the Executive Council for Health, Free State Province (6218/2018)

Moroeroe obo T.T.M v Member of the Executive Council for Health, Free State Province (6218/2018) [2021] ZAFSHC 361 (21 July 2021)

Court

Free State High Court, Bloemfontein

Case number

6218/2018

Judge

Naidoo

The High Court granted condonation for late statutory notice only for a minor child’s claim, but dismissed the mother’s personal claim for lack of notice.

• Institution Of Legal Proceedings Against Organs Of State Act
• Condonation For Late Notice
• Personal Injury
• Medical Negligence
• Condonation-for-late-notice
• Institution-of-legal-proceedings-against-organs-of-state-act

Willemse v Minister for Health, Free State Province (A17/2020)

Willemse v Minister for Health, Free State Province (A17/2020) [2021] ZAFSHC 8 (21 January 2021)

Court

Free State High Court, Bloemfontein

Case number

A17/2020

Judges

N.S. Daniso, C.J. Musi, C. Nekosie

The High Court upheld an appeal and granted condonation for late statutory notice under the Organs of State Act in a medical negligence claim.

• Condonation For Late Notice
• Institution Of Legal Proceedings Against Organs Of State
• Medical Negligence
• Good Cause Requirement
• Unreasonable Prejudice
• Condonation