South Africa Case Law

Whitefield Property Management v Body Corporate of Pearls (2021/58947)

Whitefield Property Management v Body Corporate of Pearls (2021/58947) [2025] ZAGPJHC 599 (11 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/58947

Judge

H Barnes

The High Court refused condonation for late compliance with the Institution of Legal Proceedings Act, rejected a late supplementary affidavit, and dismissed the application with costs.

• Condonation
• Institution Of Legal Proceedings Act
• Late Filing
• Prospects Of Success
• Delay Explanation
• Institution-of-legal-proceedings-act

Marang Inc (Pty) Ltd v Member of the Executive Council (MEC) for the North West Department of Tourism and Another (1330/2017)

Marang Inc (Pty) Ltd v Member of the Executive Council (MEC) for the North West Department of Tourism and Another (1330/2017) [2024] ZANWHC 271 (21 October 2024)

Court

North West High Court, Mafikeng

Case number

1330/2017

Judge

Mfenyana

The court found that the agreement between the plaintiff and the defendants was subject to a suspensive condition: payment of the management fee and other amounts was contingent upon the defendants receiving the mandatory grant from CATHSSETA. The plaintiff failed to prove that the mandatory grant was received, and thus no obligation to pay arose. The court rejected the plaintiff's argument that deferment of payment was not a suspensive condition, holding that the contract's terms clearly suspended payment until the grant was received. The special plea regarding service of notice under the In…

Source excerpt

• Suspensive Condition
• Specific Performance
• Repudiation Of Contract
• Institution Of Legal Proceedings Act
• Damages Quantification

V.L.J obo A.O.J v Member of the Executive Council for Health - Free State Provincial Government (4469/2023)

V.L.J obo A.O.J v Member of the Executive Council for Health - Free State Provincial Government (4469/2023) [2024] ZAFSHC 270 (23 August 2024)

Court

Free State High Court, Bloemfontein

Case number

4469/2023

Judge

Cronje, AJ

Application for condonation under the organs of state notice Act dismissed: the applicant failed to prove no unreasonable prejudice, and her personal claim was held prescribed.

• Condonation
• Prescription Act
• Medical Negligence
• Institution Of Legal Proceedings Act
• Contingency Fee Agreement
• Prescription

Boshielo and Others v Ekurhuleni Metropolitan Municipality and Others (22/22259)

Boshielo and Others v Ekurhuleni Metropolitan Municipality and Others (22/22259) [2024] ZAGPJHC 723 (5 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

22/22259

Judge

Baloyi

The High Court dismissed an application for condonation for late statutory notice to organs of state, finding no satisfactory explanation, no proven prospects, and no basis for relief.

• Institution Of Legal Proceedings Act
• Condonation
• Notice Requirements
• Prescription
• Good Cause
• Party And Party Costs

Manchu v Minister of Police and Others (1005/2021)

Manchu v Minister of Police and Others (1005/2021) [2024] ZAGPJHC 535 (3 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

1005/2021

Judge

KT Mathopo

The court held that the plaintiff's claims for unlawful arrest and detention do not constitute a continuous wrong. Prescription for unlawful arrest commenced on the date of arrest, and for detention, each day constituted a separate debt. The plaintiff had actual or deemed knowledge of the identity of the debtors and the facts giving rise to the debt from the outset, and his lack of knowledge of the right to claim is a legal conclusion, not a material fact. The statutory notice under section 3 of the Institution of Legal Proceedings Act was served out of time for most claims, and condonation w…

Source excerpt

• Prescription Act
• Institution Of Legal Proceedings Act
• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Statutory Notice Requirements

Ntombela v Minister of Police (23541-2018)

Ntombela v Minister of Police (23541-2018) [2024] ZAGPJHC 294 (22 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

23541/2018

Judge

Francis

The High Court upheld a special plea against a wrongful arrest and detention claim because the plaintiff failed to apply for condonation for late statutory notice.

• Unlawful Arrest
• Wrongful Detention
• Institution Of Legal Proceedings Act
• State Liability Act
• Special Plea
• Condonation

Hlongwane v Member of the Executive Council of Health (4393/2022)

Hlongwane v Member of the Executive Council of Health (4393/2022) [2024] ZAFSHC 70 (11 March 2024)

Court

Free State High Court, Bloemfontein

Case number

4393/2022

Judge

Mthimunye, AJ

The court granted condonation for a late statutory notice under section 3 of the Act, finding good cause, no prescription, and no unreasonable prejudice.

• Institution Of Legal Proceedings Act
• Condonation
• Medical Negligence
• Prescription
• Good Cause
• Prejudice

Ndlovu v Minister of Police (1555/2020)

Ndlovu v Minister of Police (1555/2020) [2024] ZAMPMHC 12 (26 February 2024)

Court

Middelburg High Court, Mpumalanga

Case number

1555/2020

Judge

Langa

The court held that the debt became due when the plaintiff was arrested and detained on 11 February 2019. The plaintiff failed to serve the required Section 3 notice within six months of the debt becoming due, as the latest possible date for service was 11 August 2019. The only notice on record was sent to the wrong functionary and was out of time. The plaintiff did not apply for condonation for late service, and the court found no basis to grant relief. The authorities cited by the plaintiff did not support the argument that the debt became due only upon release. The court followed binding C…

Source excerpt

• Institution Of Legal Proceedings Act
• Unlawful Arrest
• Unlawful Detention
• Notice Requirements
• Condonation
• Prescription

Domingos and Another v the Minister of Police and Another (2020/18097)

Domingos and Another v the Minister of Police and Another (2020/18097) [2023] ZAGPJHC 583 (26 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/18097

Judge

Moorcroft

The High Court condoned late notice under section 3 of the Act after finding the applicants acted promptly after release from detention and showed good cause.

• Institution Of Legal Proceedings Act
• Condonation
• Prescription
• Unlawful Arrest
• Continuous Delict
• Institution-of-legal-proceedings-act

Phala v Minister of Safety and Security and Another (6779/2007)

Phala v Minister of Safety and Security and Another (6779/2007) [2022] ZAFSHC 263; [2023] 1 All SA 227 (FB) (12 October 2022)

Court

Free State High Court, Bloemfontein

Case number

6779/2007

Judge

N. Snellenburg

The court held that prescription for claims of unlawful arrest commences on the date the arrest is effected, and for unlawful detention, each day constitutes a separate debt with its own prescriptive period. The plaintiff's claim for unlawful arrest and detention on 3 and 4 January 2005 was extinguished by prescription, as summons was served after the three-year period. The s 3 notice required by the Institution of Legal Proceedings Act was not served within six months of the debt becoming due for unlawful arrest and detention, and no condonation application was made as directed. The claim fo…

Source excerpt

• Prescription Act
• Institution Of Legal Proceedings Act
• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution