South Africa Case Law

Sanoj Jeewan v Transnet SOC Limited and Another (696/2023)

Sanoj Jeewan v Transnet SOC Limited and Another (696/2023) [2024] ZASCA 108 (4 July 2024)

Court

Supreme Court of Appeal

Case number

696/2023

Judges

Molemela, Weiner, Molefe, Koen, Seegobin

The Supreme Court of Appeal held that the appellant's claim for contractual and delictual damages based on unlawful termination of employment arose on the date of dismissal, 14 May 2010. The cause of action was complete at that time, as the appellant was aware of the alleged unfairness and the identity of the debtor. The subsequent referral to arbitration did not interrupt or delay prescription for the common law claim, as the arbitration concerned unfair dismissal under the Labour Relations Act, not damages for breach of contract. The claim was thus prescribed under section 11(d) of the Pres…

Source excerpt

• Prescription Act Section 11d
• Unlawful Termination
• Breach Of Employment Contract
• Jurisdiction Of High Court
• Res Judicata
• Biowatch Principle

Mayongo and Others v Minister of Police (3665/18)

Mayongo and Others v Minister of Police (3665/18) [2021] ZAECGHC 88 (5 October 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

3665/18

Judge

R Krüger

The court found that the causes of action for unlawful arrest arose on the dates the plaintiffs were arrested, and for unlawful detention, on the date of release. Summons was issued more than three years after these dates, exceeding the prescription period set by section 11(d) of the Prescription Act. The plaintiffs had all facts necessary to institute their claims at the time of arrest and release, and there was no contention that they lacked knowledge of the identity of the wrongdoer or the facts giving rise to the claim. Therefore, the claims for damages for unlawful arrest and detention w…

Source excerpt

• Prescription Act Section 11d
• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution

Nkwahla v Minister of People and Others (1874/2017)

Nkwahla v Minister of People and Others (1874/2017) [2021] ZAECPEHC 39 (20 July 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1874/2017

Judge

Govindjee

The court held that the plaintiff's claim for unlawful arrest and initial detention prescribed, as the cause of action arose at the time of arrest and detention, and the plaintiff either had or ought to have had knowledge of the facts giving rise to the debt well before the institution of proceedings. The claim for further detention post-conviction was partially prescribed, with only the portion between 30 May 2014 and 29 September 2015 remaining extant. The court found no basis for the plaintiff's reliance on administrative law principles or the Njongi case, as the arrest and detention did n…

Source excerpt

• Prescription Act Section 11d
• Unlawful Arrest And Detention
• Malicious Prosecution
• Institution Of Legal Proceedings Against Organs Of State Act
• Actio Iniuriarum
• Wrongful Detention

Bradley Scott Real Estate CC v Serengeti Exclusive Estate Home Owners Association NPC and Others (13150/2016)

Bradley Scott Real Estate CC v Serengeti Exclusive Estate Home Owners Association NPC and Others (13150/2016) [2017] ZAGPJHC 11 (9 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

13150/2016

Judge

F Diedericks

The court found that the embargo provision in clause C(3) of the title deed creates a real right in favour of the Home Owners Association, not merely a personal claim. This real right allows the HOA to veto the transfer of the property until all amounts due are paid, regardless of the prescription period for debts under section 11(d) of the Prescription Act. The Applicant's calculation, which sought to limit the HOA's claim to amounts not prescribed, was incorrect. The HOA's right to claim all outstanding levies and penalties is protected by the real right created by the embargo provision, an…

Source excerpt

• Levy Clearance Certificate
• Embargo Provision
• Prescription Act Section 11d
• Real Right Vs Personal Right
• Liquidation Transfer
• Home Owners Association

Rens v Standard Bank of South Africa Limited and Others (371/14)

Rens v Standard Bank of South Africa Limited and Others (371/14) [2015] ZAECPEHC 14 (17 March 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

371/14

Judge

Revelas

The High Court held that the applicant’s claim to set aside a fraudulent sale of inherited property had prescribed, and dismissed the application with costs.

• Prescription Act Section 11d
• Fraudulent Transfer Of Property
• Rei Vindicatio
• Declaratory Relief
• Mortgage Bond Cancellation
• Prescription

Anirudh v Gunase (13668/2008)

Anirudh v Gunase (13668/2008) [2010] ZAKZDHC 42; 2010 (6) SA 531 (KZD) (16 September 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

13668/2008

Judge

Hughes-Madondo AJ

The court dismissed a special plea of prescription, holding that the plaintiff only acquired the facts needed to sue his former attorney in January 2006.

• Prescription Act Section 11d
• Prescription Act Section 12
• Professional Negligence
• Road Accident Fund Claims
• Prescription
• Attorney-negligence

Van Zyl NO v Nedbank Limited (13878/05)

Van Zyl NO v Nedbank Limited (13878/05) [2008] ZAGPHC 47 (26 February 2008)

Court

High Courts - Gauteng

Case number

13878/05

Judge

Poswa

The court considered whether the applicant's claim to set aside the impugned transactions had prescribed under the Prescription Act. It found that the applicant, as liquidator, was in possession of all relevant documents and information regarding the transactions by 15 November 2001. The application was only launched on 29 April 2005, well after the three-year prescription period provided by section 11(d) of the Prescription Act. The court rejected the applicant's argument that the claim was not a 'debt' susceptible to prescription, holding that the term 'debt' in the Act is to be interpreted…

Source excerpt

• Insolvency Act Section 26
• Prescription Act Section 11d
• Disposition Without Value
• Liquidator Powers
• Voidable Preferences