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Nyumbana v MEC, Department of Welfare, Eastern Cape (ECJ 006/2005) ) [2005] ZAECHC 10 (3 March 2005)
The court dismissed a review over a maintenance grant application, finding the grant scheme had been abolished and the applicant’s papers did not match the facts.
Ntame v MEC Department of Social Development Eastern Cape (ECJ 012/2005) [2005] ZAECHC 1; [2005] 2 All SA 535 (SE); 2005 (6) SA 248 (E) (11 January 2005)
The court held that prescription had not been raised by the respondent and could not be raised mero motu by the court, so the debts were enforceable and the applications for review were not moot. The delays in bringing the review proceedings were inordinate and unreasonable, but condonation was granted due to the applicants' poverty, lack of education, and the absence of prejudice to the respondent. The common law delay rule applied rather than PAJA, as the causes of action arose before PAJA came into force. There was no statutory obligation to exhaust internal remedies, and the time for inte…
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