South Africa Case Law

Ferreira v Minister of Safety and Security and Another (1159/2018)

Ferreira v Minister of Safety and Security and Another (1159/2018) [2024] ZANCHC 76 (16 August 2024)

Court

Northern Cape High Court, Kimberley

Case number

1159/2018

Judge

Lever

The court held that the claim for damages relating to the transport and repair of the vehicle only became due when the plaintiff became aware of the damage upon the vehicle's return on 13 July 2016. As summons was served within three years of this date, this claim had not prescribed. Regarding loss of income, the court found that while there was a debt from the date of seizure until the forfeiture order, prescription ran for that period and the claim for loss of income from 12 October 2009 to 14 October 2010 had prescribed. However, once the forfeiture order was issued, the defendants were no…

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• Prescription Act
• Continuous Wrong
• Forfeiture Order
• Loss Of Income
• Damages To Property

Nkosi v Minister of Police and Another (43325/2019)

Nkosi v Minister of Police and Another (43325/2019) [2023] ZAGPJHC 843 (27 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

43325/2019

Judge

Coertse

The court held that the Plaintiff's arrest, detention, and prosecution must be regarded as a continuous wrong, with prescription commencing only upon his discharge in terms of section 174 of the Criminal Procedure Act. The court found that no personal injury is done until the prosecution is determined by discharge, and to treat the events as separate wrongs would be piecemeal and unjust. Accordingly, the special pleas of prescription and non-compliance with statutory notice requirements were dismissed.

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• Prescription Act
• Continuous Wrong
• Wrongful Arrest
• Malicious Prosecution
• Special Plea
• Legal Proceedings Against State

Terblanche v Minister of Water and Environmental Affairs (76577/10)

Terblanche v Minister of Water and Environmental Affairs (76577/10) [2017] ZAGPPHC 427 (4 April 2017)

Court

North Gauteng High Court, Pretoria

Case number

76577/10

Judge

M J Teffo

The High Court held that the plaintiff’s water-loss claim had prescribed because he knew or should have known of the harm and its cause by 2004/2005.

• Prescription Act
• Water Use Rights
• National Water Act
• Continuous Wrong
• Damages
• Administrative Action