South Africa Case Law

Miya v Member of the Executive Council for Health: Free State Province (3203/2023)

Miya v Member of the Executive Council for Health: Free State Province (3203/2023) [2025] ZAFSHC 74 (14 March 2025)

Court

Free State High Court, Bloemfontein

Case number

3203/2023

Judge

Reinders

The court found that the applicant only became aware of the facts giving rise to her claim on 25 June 2020, when informed of the retained swab and subsequent surgery. The claim was not prescribed, as prescription runs from the date of knowledge of the facts, not the date of the operation. The applicant provided a reasonable explanation for the delay, including reliance on complaints to hospital authorities and legal representatives. The respondent failed to demonstrate unreasonable prejudice, as it was able to file its plea and reply, and the medical records were available. The court exercise…

Source excerpt

• Institution Of Legal Proceedings Against Organs Of State Act
• Medical Negligence
• Condonation
• Prescription
• Late Notice

Banda v Department of Police, Roads and Transport (2936/2023)

Banda v Department of Police, Roads and Transport (2936/2023) [2024] ZAFSHC 404 (12 December 2024)

Court

Free State High Court, Bloemfontein

Case number

2936/2023

Judge

Mahlatsi AJ

The High Court dismissed an application for condonation for late notice under the Act, finding the applicant’s delay unexplained and the respondent prejudiced.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notice
• Prejudice
• Prescription
• Late-notice

Mokhethea v Minister of Police and Another (620/2023)

Mokhethea v Minister of Police and Another (620/2023) [2024] ZAECQBHC 49 (20 August 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

620/2023

Judge

Govindjee

The court found that the applicant provided a bona fide and sufficiently full explanation for the delay in serving notice, primarily due to his lack of knowledge and financial constraints in securing legal representation. The delay after the notices were sent was not fully explained, but did not amount to disinterest or culpable conduct. While the prospects of success, especially against the second respondent, were not strong due to a lack of detail, the explanation for the delay compensated for this deficiency. The respondents failed to demonstrate unreasonable prejudice resulting from the l…

Source excerpt

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notice
• Prescription
• Malicious Prosecution
• Unlawful Arrest And Detention

Ntintili v City Of Johannesburg Metropolitan Municipality (788/2015)

Ntintili v City Of Johannesburg Metropolitan Municipality (788/2015) [2024] ZAGPJHC 676 (15 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

788/2015

Judge

Malindi

The High Court refused condonation for late notice under the state liability notice Act, finding unexplained delay, attorney negligence, and prejudice to the municipality.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notice
• Special Plea
• Prejudice To Organ Of State
• Late-notice

Mathopo v Minister of Police and Another (4391/2022)

Mathopo v Minister of Police and Another (4391/2022) [2024] ZAFSHC 195 (10 June 2024)

Court

Free State High Court, Bloemfontein

Case number

4391/2022

Judge

Reinders

The High Court granted condonation for late notice under the state-liability notice Act after finding good cause, no prescription issue, and no unreasonably proven prejudice.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notice
• Good Cause
• Unlawful Arrest
• Damages Claim

Church v MEC: Free State Provincial Government: Department of Public Works and Infrastructure (527/2022)

Church v MEC: Free State Provincial Government: Department of Public Works and Infrastructure (527/2022) [2024] ZAFSHC 148 (28 May 2024)

Court

Free State High Court, Bloemfontein

Case number

527/2022

Judge

Reinders

The court found that the applicant's claim had not prescribed and that the delay in serving notice was due to a bona fide but mistaken belief regarding the Act's applicability. The applicant's explanation was accepted as sufficient and not mala fide. The respondents were not unreasonably prejudiced, as they had been in constant communication with the applicant and were aware of the issues. Changes in personnel and document availability were considered inevitable and did not amount to unreasonable prejudice. The merits of the applicant's claim were not devoid of substance, and the matter shoul…

Source excerpt

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notice
• Good Cause
• Unreasonable Prejudice

Segodi v MEC for the Mpumalanga Department of Health (1779/2020)

Segodi v MEC for the Mpumalanga Department of Health (1779/2020) [2023] ZAMPMBHC 66 (28 December 2023)

Court

Mbombela High Court, Mpumalanga

Case number

1779/2020

Judge

Mashile

The High Court dismissed a condonation application for late statutory notice against the health department, finding the delay inadequately explained and service defective.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notice
• Prejudice To Organ Of State
• Prospects Of Success
• Service Of Notice

Bomani v Minister of Police (972/2020;635/2021)

Bomani v Minister of Police (972/2020;635/2021) [2023] ZANCHC 83 (10 November 2023)

Court

Northern Cape High Court, Kimberley

Case number

972/2020;635/2021

Judge

Olivier AJ

The High Court granted condonation for late notice under the organs-of-state Act, finding acceptable delay explanations and no unreasonable prejudice to the Minister.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notice
• Prejudice
• Unlawful Arrest
• Late-notice

Mphati and Another v Minister of Police (600/2021)

Mphati and Another v Minister of Police (600/2021) [2022] ZAFSHC 39 (7 March 2022)

Court

Free State High Court, Bloemfontein

Case number

600/2021

Judge

N. M. Mbhele

The High Court refused condonation for a late section 3 notice under the Act, finding the applicants gave an inadequate explanation and failed to show good cause.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notice
• Good Cause
• Prejudice To State
• Late-notice

Swart v MEC Police, Roads, Transport for the province of the Free State (912/2018)

Swart v MEC Police, Roads, Transport for the province of the Free State (912/2018) [2021] ZAFSHC 79 (11 March 2021)

Court

Free State High Court, Bloemfontein

Case number

912/2018

Judge

NS Daniso

The High Court granted condonation for late notice under the state-organs statute after a road-accident claim was wrongly lodged against the Road Accident Fund.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State
• Late Notice
• Negligence
• Road Maintenance
• Hearsay Evidence