Klue v Minister Of Justice And Correctional Services (1807/2021)
Klue v Minister Of Justice And Correctional Services (1807/2021) [2023] ZAFSHC 119 (18 April 2023)
The court held that the plaintiff's cause of action arose when he was sentenced by the trial magistrate on 3 December 2013 and, at the latest, when his application for leave to appeal was dismissed on 27 January 2014. The plaintiff had knowledge of the facts giving rise to his claim at those times, as evidenced by his persistent allegations of judicial error throughout subsequent proceedings. The Supreme Court of Appeal's judgment in April 2020 did not create a new cause of action but merely confirmed what the plaintiff already knew. The claim against the High Court judges arose on 9 March 20…
Source excerpt
- Prescription Act
- Institution Of Legal Proceedings Against Organs Of State Act
- Cause Of Action Accrual
- Judicial Negligence
- Statutory Notice Requirement