South Africa Case Law

Klue v Minister of Justice and Correctional Services (A188/2023)

Klue v Minister of Justice and Correctional Services (A188/2023) [2025] ZAFSHC 4 (6 January 2025)

Court

Free State High Court, Bloemfontein

Case number

A188/2023

Judges

Naidoo, Van Rhyn, Mahlatsi

The court held that the appellant's cause of action, as pleaded, arose from the alleged breach of duty of care by the magistrate and judges during the criminal proceedings and subsequent appeal, with the relevant conduct occurring between 2013 and 2018. The appellant did not amend his particulars of claim to align with the new argument that the cause of action only accrued when the conviction was overturned in 2020. The court found that prescription began to run from the dates of the alleged wrongful acts, not from the date the conviction was set aside. The statutory notices were both late an…

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• Prescription Act
• Institution Of Legal Proceedings Against State Act
• Wrongful Conviction
• Duty Of Care
• Malicious Prosecution

Shabangu v Minister of Police and Others (20/18028)

Shabangu v Minister of Police and Others (20/18028) [2024] ZAGPJHC 822 (27 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

20/18028

Judge

Mnyatheli

The court held that prescription for the claim of unlawful arrest and detention commenced on the date of arrest, 3 April 2016, as the plaintiff was aware of the identity of the debtor and the facts giving rise to the claim. The plaintiff's lack of legal knowledge or inability to act while in custody does not suspend prescription. The claim for unlawful arrest and detention prescribed on 3 April 2019, three years after the arrest. The court further found that there was non-compliance with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act, as the statutory no…

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• Prescription Act
• Institution Of Legal Proceedings Against State Act
• Unlawful Arrest
• Malicious Prosecution

Joseph and Others v Minister of Police and Others (15017/2017)

Joseph and Others v Minister of Police and Others (15017/2017) [2023] ZAGPJHC 488 (17 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

15017/2017

Judge

Molahlehi

The High Court granted leave to appeal against an order dismissing condonation for late notice under section 3(1) of the Act, finding prospects of success.

• Condonation
• Institution Of Legal Proceedings Against State Act
• Leave To Appeal
• Service Of Notice
• Prospects Of Success
• Civil-procedure

Greater Tzaneen Municipality v Bravospan 252 CC (428/2021)

Greater Tzaneen Municipality v Bravospan 252 CC (428/2021) [2022] ZASCA 155 (7 November 2022)

Court

Supreme Court of Appeal

Case number

428/2021

Judges

Zondi, Van der Merwe, Hughes, Molefe, Chetty

The Supreme Court of Appeal held that Bravospan's claim for unjust enrichment does not constitute a 'debt' under the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 and thus does not require notice. The municipality failed to prove prescription as it did not allege or establish the necessary facts regarding the commencement of prescription. South African law does not recognise a general enrichment action, but in exceptional circumstances, a just and equitable remedy under s 172(1)(b) of the Constitution may be granted. The municipality benefited from Bravospan'…

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• Just And Equitable Remedy
• Unjust Enrichment
• Public Procurement
• Institution Of Legal Proceedings Against State Act
• Prescription
• Municipal Supply Chain Management