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City of Tshwane Metropolitan Council and Others v Guiamba [2023] ZAGPPHC 452; 64408/2019 (13 June 2023)
The High Court granted condonation for late statutory notice against an organ of state, ordered security for costs, and struck out an irregular Notice of Bar.
Hlatshwayo and Others v Member of the Executive Council for Health: Mpumalanga (890/2017) [2022] ZAMPMBHC 22 (30 March 2022)
The court found that the applicant failed to establish good cause for condonation of late notice as required by Section 3(4)(b) of the Act. Although the debt had not prescribed, the applicant did not provide sufficient explanation for the delay between the death of the deceased and the service of notice, nor for the subsequent delay in launching the condonation application. The evidence presented did not demonstrate a detectable psychiatric injury, as required for claims based on emotional shock. The applicant's reliance on counselling and pastoral support was unsupported by admissible expert…
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Ceza v MEC for Finance, Eastern Cape and Others (213/2007) [2017] ZAECBHC 11 (19 October 2017)
The High Court struck an interlocutory condonation application from the roll because the applicant failed to clearly identify the statutory notice issue and supporting documents.
Maxim Programme Development CC v Municipality, Maluti-a-Phofung (746/2004) [2006] ZAFSHC 54 (7 December 2006)
The court found that the plaintiff did not serve process instituting action in a civil court within three calendar months of the written notice declaring that settlement negotiations had failed, as required by clause 20.6 of the contract. The notice of intention to institute legal proceedings under section 3(1) of Act 40 of 2002 does not constitute 'service of process' for the purposes of the contract. The contractual time-bar clause is not against public policy, and there was no evidence of waiver by the defendants. Accordingly, the plaintiff's claims are deemed to have been waived and are u…
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Dauth and Others v Minister of Safety and Security and Others (788/2004) [2006] ZANCHC 107 (20 October 2006)
The court held that, while section 3(4) of Act 40 of 2002 generally requires a substantive application for condonation supported by affidavit, in the interests of justice and access to court, the plaintiffs should not be barred from seeking condonation through their pleadings and at trial, supported by oral and documentary evidence. The court emphasized that technical formalism should not override the constitutional right of access to justice, especially where the pleadings disclose a triable case. The amendment sought by the plaintiffs is therefore permissible, and the issue of compliance wi…
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Mogashoa v African National Congress and Others (138/04) [2006] ZANWHC 35 (26 May 2006)
The court found that the ANC's withdrawal of the Plaintiff from its party list and the purported suspension of his membership were not valid under either the ANC Constitution or the Municipal Structures Act. The Provincial Secretary lacked authority to suspend the Plaintiff, and Rule 4.18 of the ANC Constitution did not apply to the circumstances. The Municipal Council failed to properly formalise the Plaintiff's removal, acting instead on flawed instructions from the ANC. The Plaintiff's appointment was unlawfully terminated, and both the ANC and Municipality were liable for damages. The cla…
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