Shange v MEC for Education, Kwazulu-Natal (15860/2008)
Shange v MEC for Education, Kwazulu-Natal (15860/2008) [2011] ZAKZDHC 28; 2012 (2) SA 519 (KZD) (17 June 2011)
The court held that the applicant's claim had not prescribed because, as a minor at the time of the incident, prescription was delayed until one year after attaining majority. The reduction of the age of majority under the Children's Act did not retrospectively deprive the applicant of his accrued right to institute proceedings. The failure to give notice to the respondent was due to the applicant's attorney's oversight and should not be held against the applicant. The respondent was not unreasonably prejudiced by the delay, as the relevant witnesses remained available and the facts were not…
Source excerpt
- Institution Of Legal Proceedings Against Organs Of State
- Prescription And Minority
- Children's Rights
- Condonation
- Constitutional Right Of Access To Courts