South Africa Case Law

Kosi v Minister of Police (Appeal) (CA 17/2024)

Kosi v Minister of Police (Appeal) (CA 17/2024) [2025] ZAECBHC 6 (4 March 2025)

Court

Eastern Cape High Court, Bhisho

Case number

CA 17/2024

Judges

A.S Zono, JGA Laing

The court found that the appellant, as a lay and unsophisticated person, provided a reasonable and sufficient explanation for the delay in serving the statutory notice required under section 3(1)(a) of Act 40 of 2002. The appellant only became aware of the legal requirement after consulting an attorney, and the delay was limited to four months, with no prejudice to the respondent. The court held that the explanation for delay must be assessed in light of the appellant's lack of legal knowledge and sophistication. Furthermore, the appellant demonstrated good prospects of success in the main ac…

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• Condonation Of Late Notice
• Unlawful Arrest
• Institution Of Legal Proceedings Against Organs Of State
• Prospects Of Success
• Good Cause
• Burden Of Justification

Dr JS Moroka Local Municipality v Sibiya (A02/23)

Dr JS Moroka Local Municipality v Sibiya (A02/23) [2024] ZAMPMHC 31 (30 May 2024)

Court

Middelburg High Court, Mpumalanga

Case number

A02/23

Judges

Phahlamohlaka, Ratshibvumo

The High Court partly upheld an appeal about prescription, but not the condonation of late notice under the органов of state proceedings Act.

• Condonation Of Late Notice
• Prescription
• Institution Of Legal Proceedings Against Organs Of State
• Good Cause
• Prejudice
• Special Plea

Roets v MEC for Education Gauteng (223/2019)

Roets v MEC for Education Gauteng (223/2019) [2022] ZAGPPHC 338 (19 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

223/2019

Judge

Baqwa

The High Court granted condonation for the late section 3 notice under the state-liability Act and allowed the applicant to proceed with the claim.

• Condonation Of Late Notice
• Institution Of Legal Proceedings Act
• Prescription
• Duty Of Care
• Prejudice
• Interests Of Justice

Rossouw v MEC Police, Roads and Transport for the Province of the Free State (1836/2019)

Rossouw v MEC Police, Roads and Transport for the Province of the Free State (1836/2019) [2020] ZAFSHC 179 (5 November 2020)

Court

Free State High Court, Bloemfontein

Case number

1836/2019

Judge

Daniso

The High Court refused condonation for a late notice under the organs of state act, finding the delay unexplained, the claim weak, and prejudice not disproved.

• Institution Of Legal Proceedings Against Organs Of State Act
• Condonation Of Late Notice
• Loss Of Support
• Negligence
• Prescription
• Children Best Interests

Rossouw v Blignaut & Wessels and Another (1836/2019)

Rossouw v Blignaut & Wessels and Another (1836/2019) [2020] ZAFSHC 268 (5 November 2020)

Court

Free State High Court, Bloemfontein

Case number

1836/2019

Judge

Daniso

The High Court refused condonation for a seven-year delay in serving notice on the state, finding the explanation inadequate and prejudice not disproved.

• Condonation Of Late Notice
• Institution Of Legal Proceedings Against Organs Of State
• Loss Of Support
• Negligence
• Prescription
• Best Interests Of Children

Mngadi v Minister of Police and Another (97052/2015)

Mngadi v Minister of Police and Another (97052/2015) [2019] ZAGPPHC 42 (22 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

97052/2015

Judge

Mosopa

The court found that the applicant's claim was not extinguished by prescription as less than three years had elapsed between the release from detention and the issuing of summons. The applicant provided reasons for the delay, including trauma and fear of victimization, which the court accepted as sufficient given the circumstances of arrest and detention. The court noted that arrest and detention are inherently traumatic and that the respondent did not demonstrate any prejudice, as all relevant evidence and witnesses remained available. The requirements for condonation under section 3(4)(b) o…

Source excerpt

• Condonation Of Late Notice
• Unlawful Arrest
• Unlawful Detention
• Institution Of Legal Proceedings Against State

White v Kheis Munisipaliteit (1828/2016)

White v Kheis Munisipaliteit (1828/2016) [2016] ZANCHC 38 (9 December 2016)

Court

Northern Cape High Court, Kimberley

Case number

1828/2016

Judge

Olivier R

The court condoned late statutory notice under the State liability notice regime, but held the municipality was not unreasonable in refusing to accept it and awarded costs against the applicant.

• Condonation Of Late Notice
• Institution Of Proceedings Against Organs Of State
• Statutory Notice Requirements
• Costs Order
• Condonation
• Statutory-notice

White en Kheis Munisipaliteit (1828/2016)

White en Kheis Munisipaliteit (1828/2016) [2016] ZANCHC 77 (9 February 2016)

Court

Northern Cape High Court, Kimberley

Case number

1828/2016

Judge

Olivier R

The court condoned late statutory notice against a municipality but held that the applicant, not the municipality, must pay the costs of the application.

• Condonation Of Late Notice
• Institution Of Proceedings Against Organs Of State
• Statutory Notice Requirement
• Costs Order
• Condonation
• Late-statutory-notice

Oletsitse v Minister of Police (29788/2011)

Oletsitse v Minister of Police (29788/2011) [2015] ZAGPPHC 333 (6 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

29788/2011

Judge

Janse Van Nieuwenhuizen

The court found that the applicant's delay in delivering the notice required by section 3 of the Institution of Legal Proceedings against Certain Organs of State Act was satisfactorily explained by his lack of knowledge of the legal requirements and the subsequent misunderstanding between attorneys. The applicant acted promptly once the criminal charges were withdrawn and consistently pursued his claim. The respondent failed to provide specific evidence of prejudice resulting from the delay, and the court was satisfied that the respondent was not unreasonably prejudiced. Although there was a…

Source excerpt

• Condonation Of Late Notice
• Institution Of Legal Proceedings Against Organs Of State Act
• Good Cause
• Unreasonable Prejudice

Minister of Safety And security v Butana (CA165/2014)

Minister of Safety And security v Butana (CA165/2014) [2014] ZAECGHC 90 (29 October 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

CA165/2014

Judges

J.D. Pickering, E. Revelas, J.W. Eksteen

Appeal against condonation for late statutory notice dismissed; the court upheld condonation under section 3(4) after finding good cause, prospects of success, and no undue prejudice.

• Institution Of Legal Proceedings Against Organs Of State Act
• Condonation Of Late Notice
• Prospects Of Success
• Good Cause Requirement
• Condonation
• Organs-of-state-notice