Minister of Safety & Security v Molutsi and Another (366/95)
Minister of Safety & Security v Molutsi and Another (366/95) [1996] ZASCA 75; 1996 (4) SA 72 (SCA); [1996] 4 All SA 535 (A); (3 June 1996)
The Supreme Court of Appeal held that the amendments to the particulars of claim introduced a new cause of action, distinct from the original claim. This new cause of action arose on 7 August 1993 and was subject to section 32 of the Police Act, which required written notice and institution of proceedings within six months. The respondent failed to comply with these requirements, and by the time the Proclamation was promulgated, the claim was already time-barred. The transitional provisions of the Proclamation did not retroactively revive claims that had already been extinguished, as this wou…
Source excerpt
- Limitation Of Actions
- Vicarious Liability
- Retrospective Application
- Interim Constitution
- Notice Requirements
- Statutory Interpretation