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

Gcam-Gcam v Minister of Police (926/2018)

Gcam-Gcam v Minister of Police (926/2018) [2025] ZAECMHC 51 (10 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

926/2018

Judge

M Makaula

High Court judgment on prescription and statutory notice in a wrongful arrest and detention claim. The court held prescription ran from the arrest date, upheld both special pleas, and dismissed the claim.

• Prescription Act
• Institution Of Legal Proceedings Against Organs Of State Act
• Unlawful Arrest
• Unlawful Detention
• Running Of Prescription
• Statutory Notice Requirements

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

Vena v Minister of Police (EL535/2017)

Vena v Minister of Police (EL535/2017) [2025] ZAECELLC 13 (4 June 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 535/2017

Judge

Hartle

The court declined to hear a stated case on prescription because the agreed facts were inadequately stated, and directed that the matter proceed to trial or an amended case.

• Prescription
• Stated Case
• Institution Of Legal Proceedings Against Organs Of State Act
• Condonation
• Burden Of Proof
• Stated-case

Tjatji v Minister of Police and Another (8943/2022)

Tjatji v Minister of Police and Another (8943/2022) [2025] ZALMPPHC 107 (30 May 2025)

Court

Limpopo High Court, Polokwane

Case number

8943/2022

Judge

M.I. Mangena

The High Court dismissed an application for condonation because the applicant's claims against the Minister of Police had prescribed and he failed to show good cause or avoid prejudice.

• Condonation
• Prescription
• Institution Of Legal Proceedings Against Organs Of State Act
• Unlawful Arrest
• Assault And Torture
• Statutory-notice

E.S v MEC for Department of Health, Eastern Cape Province (529/2022)

E.S v MEC for Department of Health, Eastern Cape Province (529/2022) [2025] ZAECBHC 11 (15 May 2025)

Court

Eastern Cape High Court, Bhisho

Case number

529/2022

Judge

Hartle

The High Court held that the applicant served statutory notice timeously after learning of the suspected negligence in 2021 and granted declaratory relief and costs.

• Institution Of Legal Proceedings Against Organs Of State Act
• Prescription
• Medical Negligence
• Condonation
• Statutory Notice Requirements
• Medical-negligence

Ntuli v Department of Science and Innovations (D8746/2024)

Ntuli v Department of Science and Innovations (D8746/2024) [2025] ZAKZDHC 27 (14 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D8746/2024

Judge

Mossop

The High Court refused summary judgment because the plaintiff’s R27 billion claims were unliquidated and fell outside Uniform Rule 32(1).

• Summary Judgment
• Unliquidated Damages
• Jurisdiction
• Non Joinder
• Institution Of Legal Proceedings Against Organs Of State Act
• Summary-judgment

Dickson v MEC: Department of Health Free State Province (2132/2021)

Dickson v MEC: Department of Health Free State Province (2132/2021) [2025] ZAFSHC 124 (7 May 2025)

Court

Free State High Court, Bloemfontein

Case number

2132/2021

Judge

Opperman

The High Court held that the applicant complied with s 3(2)(a) of the Act, alternatively granting condonation for late notice and making no costs order.

• Institution Of Legal Proceedings Against Organs Of State Act
• Medical Negligence
• Prescription
• Condonation
• Notice Requirements
• Institution-of-legal-proceedings-against-organs-of-state-act

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020)

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020) [2025] ZAMPMBHC 33 (23 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2905/2020

Judge

H F Fourie

The High Court dismissed an application for condonation for late statutory notice against a provincial health department, finding no good cause for a seven-year delay.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Statutory Notice
• Good Cause
• Prejudice
• Delay In Application

Ramohapi v Minister of Police and Others (1294/2019)

Ramohapi v Minister of Police and Others (1294/2019) [2025] ZAFSHC 116 (3 April 2025)

Court

Free State High Court, Bloemfontein

Case number

1294/2019

Judge

Opperman

The application for leave to appeal was dismissed because the applicant failed to meet the statutory and procedural thresholds for leave to appeal. The grounds for appeal were not clearly or concisely stated, rendering the application fatally defective. The court found that the claim for malicious prosecution against the respondents had prescribed under the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002, as the statutory notice was not served within the required period and condonation for premature service did not interrupt prescription. The applicant's consti…

Source excerpt

• Prescription
• Institution Of Legal Proceedings Against Organs Of State Act
• Malicious Prosecution
• Leave To Appeal
• Access To Court