South Africa Case Law

Zwane v Minister of Justice and Constitutional Development and Another

Zwane v Minister of Justice and Constitutional Development and Another [2023] ZAGPPHC 214; 74773/2014 (13 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

74773/2014

Judge

WJ du Plessis

The court found that the plaintiff had actual or constructive knowledge of the facts material to unlawfulness and fault regarding the Second Defendant (the bank) by 14 January 2010, as she was aware that funds were withdrawn from the deceased's account based on fraudulent instructions and that her signature did not match the bank's records. This was sufficient to plead wrongfulness and fault against the bank, and prescription began to run from that date. However, regarding the First Defendant (the Minister/Master’s office), the plaintiff did not have knowledge of the origin of the fraudulent…

Source excerpt

• Prescription Act Section 12 3
• Fraudulent Transfer
• Aquilian Action
• Knowledge Of Debt
• Constructive Knowledge
• Delictual Liability

Minister of Police v Mbonane and Another (A44/2019; A45/2019)

Minister of Police v Mbonane and Another (A44/2019; A45/2019) [2022] ZAMPMHC 12 (22 September 2022)

Court

Middelburg High Court, Mpumalanga

Case number

A44/2019; A45/2019

Judges

Mtimunye, Langa

The High Court upheld an appeal in a prescription dispute, holding that the respondents' psychological injury claims prescribed from the date they witnessed the assault.

• Prescription Act
• Special Plea
• Psychological Injury
• Knowledge Of Debt
• Prescription
• Delict

Diko v MEC for Health (583/2018)

Diko v MEC for Health (583/2018) [2022] ZAECBHC 11 (22 March 2022)

Court

Eastern Cape High Court, Bhisho

Case number

583/2018

Judge

Hartle

The High Court dismissed prescription and statutory-notice special pleas in a medical-negligence claim, finding the plaintiff lacked earlier knowledge of the factual basis.

• Medical Negligence
• Prescription Act
• Institution Of Legal Proceedings Against State
• Special Plea
• Knowledge Of Debt
• Onus Of Proof

Minister of Police v Zamani (CA 10/2021)

Minister of Police v Zamani (CA 10/2021) [2021] ZAECBHC 41; 2023 (5) SA 263 (ECB) (12 October 2021)

Court

Eastern Cape High Court, Bhisho

Case number

CA 10/2021

Judges

D Van Zyl, B.N. Majiki, I.T. Stretch

The court held that prescription in a delictual claim for wrongful arrest and detention commences when the plaintiff is released from detention, as at that point the plaintiff has knowledge of the material facts and the identity of the debtor. The plaintiff's ignorance of his legal rights or remedies does not delay the running of prescription. The facts required for prescription to begin are those necessary to support the claim, not legal conclusions or knowledge of the lawfulness of the conduct. The respondent knew the identity of the police officer and the circumstances of his arrest and de…

Source excerpt

• Extinctive Prescription
• Wrongful Arrest And Detention
• Burden Of Proof
• Knowledge Of Debt
• Section 12 Prescription Act

Van Heerden & Brummer Inc v Bath (356/2020)

Van Heerden & Brummer Inc v Bath (356/2020) [2021] ZASCA 80 (11 June 2021)

Court

Supreme Court of Appeal

Case number

356/2020

Judges

Petse, Mbha, Zondi, Kgoele, Phatshoane

The Supreme Court of Appeal held that prescription in terms of s 12(3) of the Prescription Act commences when the creditor has knowledge of the identity of the debtor and the facts from which the debt arises, not when the creditor obtains legal certainty or the full extent of damages. The respondent had knowledge of all material facts necessary to institute a claim for professional negligence against the appellant by at least 26 September 2012, following consultations and communications regarding the invalidity of the antenuptial contract. The running of prescription is not postponed until th…

Source excerpt

• Prescription Act
• Professional Negligence
• Breach Of Mandate
• Running Of Prescription
• Knowledge Of Debt
• Legal Certainty

Minister of Police v Zamani (12/2019)

Minister of Police v Zamani (12/2019) [2021] ZAECBHC 1 (2 February 2021)

Court

Eastern Cape High Court, Bhisho

Case number

12/2019

Judge

S M Mbenenge

The court held that, even if the applicant was entitled to rely on section 12(3) of the Prescription Act, the evidence did not bring the case within the purview of the section. The respondent discharged the onus to establish that he acquired knowledge of the identity of the debtor and the facts giving rise to the debt only in November 2018, after consulting his lawyer and having sight of the police docket. The court found that the line between factual and legal knowledge under section 12(3) is narrow and may result in conflation. While the impugned judgment was correct, the court identified a…

Source excerpt

• Prescription Act Section 12 3
• Wrongful Arrest
• Wrongful Detention
• Burden Of Proof
• Leave To Appeal
• Knowledge Of Debt

Mapheto v Mamabolo and Others (535/2019)

Mapheto v Mamabolo and Others (535/2019) [2019] ZALMPPHC 63 (12 December 2019)

Court

Limpopo High Court, Polokwane

Case number

535/2019

Judge

KGANYAGO

The court found that the applicant had actual knowledge of the disappearance of the truck and the identity of the responsible party (SAPS Midrand) as early as May 2006. The applicant could have instituted action against the third respondent at that time, as the SAPS had a legal duty to keep the truck safe and failed to do so. The subsequent steps taken by the applicant did not alter the fact that the cause of action arose in May 2006, and the applicant had the minimum facts required to institute proceedings. The period from 2006 to 2018 far exceeds the three-year prescription period, and the…

Source excerpt

• Spoliation
• Prescription
• Cause Of Action
• Knowledge Of Debt

Khanya v The Minister of Police (5458/2014)

Khanya v The Minister of Police (5458/2014) [2019] ZAFSHC 81 (20 June 2019)

Court

Free State High Court, Bloemfontein

Case number

5458/2014

Judge

Meintjes

The High Court upheld a prescription special plea in an unlawful arrest claim, finding the plaintiff knew or ought to have known the material facts in time.

• Prescription Act
• Unlawful Arrest
• Institution Of Legal Proceedings Against State
• Prescription Period
• Knowledge Of Debt
• Prescription-act

Paul v ER Consulting Incorporated and Another (22932/2014)

Paul v ER Consulting Incorporated and Another (22932/2014) [2018] ZAGPPHC 827 (17 October 2018)

Court

North Gauteng High Court, Pretoria

Case number

22932/2014

Judge

Moshidi

The High Court held that the plaintiff’s damages claim was prescribed because he had the necessary facts and debtor identity by 26 March 2011.

• Prescription Act
• Special Plea Of Prescription
• Commencement Of Prescription
• Knowledge Of Debt
• Reasonable Care
• Hospital Negligence

Symes N.O and Another v Stuart Van der Merwe Inc and Others (24400/2015)

Symes N.O and Another v Stuart Van der Merwe Inc and Others (24400/2015) [2018] ZAGPPHC 885 (17 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

24400/2015

Judge

Sardiwalla

Prescription did not commence the day after the payments were made, as the plaintiffs only became aware of the payments and the identity of the debtor after conducting the insolvency enquiry on 13 March 2014. Section 12(3) of the Prescription Act requires actual or deemed knowledge before prescription begins. Furthermore, civil proceedings were suspended until the appointment of the liquidators on 3 August 2013, so prescription could not run before that date. The defendants' argument that prescription began immediately after payment is incorrect, as it disregards the statutory requirements fo…

Source excerpt

• Prescription Act
• Liquidation Proceedings
• Court Order Contravention
• Knowledge Of Debt
• Commencement Of Prescription