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South Africa decisions
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Ndaba v Minister of Police and Another (A137/23) [2025] ZAGPPHC 135 (14 February 2025)
The High Court upheld an appeal and granted condonation for failure to serve statutory notice on the provincial police commissioner, finding no prejudice.
Mudolo and Others (CC/07/2023) [2025] ZAGPPHC 59 (24 January 2025)
The High Court dismissed accused 1 and 2’s section 342A application, finding their postponement bid was a tactical delay and not a bona fide funding issue.
Edgar v MEC For Health, Free State (Provincial Department Of Health) (6087/2022) [2023] ZAFSHC 120 (19 April 2023)
The High Court granted condonation for late notice to the state in a medical negligence matter, finding the delay reasonable and the respondent unprejudiced.
Mphati and Another v Minister of Police (600/2021) [2022] ZAFSHC 39 (7 March 2022)
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.
Miselo v Minister of Safety and Security and Others (A858/2015) [2019] ZAGPPHC 372 (7 May 2019)
The High Court upheld an appeal and granted condonation for late statutory notice against the first and third respondents, finding no unreasonable prejudice.
Citi v Minister of Higher Education and Training (34790/2017) [2018] ZAGPPHC 680 (21 September 2018)
The High Court dismissed an application for condonation and found the claim prescribed and unsupported by good cause, with costs awarded against the applicant.
Van Niekerk and Another v Van Jaarsveld and Another (5035/2014, 3310/2013) [2016] ZAFSHC 42 (3 March 2016)
The High Court granted condonation for late statutory notice under Act 40 of 2002, finding no unreasonable prejudice and that justice favoured hearing the claim.
Katushya Security Services (Pty) Ltd v Dihlabeng Local Municipality (4837/2007) [2009] ZAFSHC 120 (19 November 2009)
The court found that the applicant's claim had not prescribed and that good cause existed for the failure to give timeous notice, as the attorneys acted under a bona fide misapprehension regarding the legal requirement for a fresh notice. The respondent did not demonstrate unreasonable prejudice resulting from the delay, as its complaints related to general trial difficulties rather than specific prejudice. Although the applicant delayed in bringing the condonation application, the court considered it unfair to deny the applicant access to the court, but imposed costs against the applicant fo…
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