Mugwena and Another v Minister of Safety and Security (303/2003)
Mugwena and Another v Minister of Safety and Security (303/2003) [2005] ZASCA 117; [2006] 2 All SA 126 (SCA); 2006 (4) SA 150 (SCA) (29 November 2005)
The Supreme Court of Appeal held that the appellants' failure to comply with the statutory time-bar provisions of section 57(1) and (2) of the South African Police Service Act was neither blameworthy nor prejudicial to the respondent, given the appellants' lack of legal sophistication, reliance on their attorney, and absence of wilful delay. The interests of justice required that the court dispense with the statutory requirements, especially as the claim included minor children. On the merits, the court found that the respondent failed to prove that the shooting of the deceased was justified…
Source excerpt
- Statutory Time Bar
- Dispensation Of Procedural Requirements
- Private Defence
- Onus Of Proof
- Best Interests Of Child