Sibongile Maria Mthimkhulu obo Langalethu Patience Thabede v The Member of the Executive Council for Health for the Free State Province and Another (4056/2019) [2022] ZAFSHC 170 (7 July 2022)
Court
Free State High Court, Bloemfontein
Case number
4056/2019
Judge
Loubser
The court found that the applicant could have acquired the necessary knowledge of the identity of the debtor and the facts from which the debt arose in 2012 or during the following two to three years, had she exercised reasonable care. The applicant attended support groups and clinics specializing in cerebral palsy and possessed the relevant hospital records, yet failed to consult medical professionals regarding possible negligence. The court held that any reasonable person in her position would have sought advice earlier. Therefore, in terms of Section 12(3) of the Prescription Act, the appl…
Source excerpt
Prescription Act
Medical Negligence
Institution Of Legal Proceedings Against Organs Of State
Top Security Systems (Pty) Ltd v Samy's Wholesalers CC (236/2013) [2022] ZANCHC 2 (21 January 2022)
Court
Northern Cape High Court, Kimberley
Case number
236/2013
Judges
MC Mamosebo, CC Williams, APS Nxumalo
Full court appeal on whether a security company’s response to repeated alarm activations was reasonable and sufficient. The appeal was dismissed with costs.
De Klerk and Another v Die Groter Kroonstad Plaaslike Oorgangsraad (Uitspraak) (433/98) [2000] ZASCA 197 (12 September 2000)
Court
Supreme Court of Appeal
Case number
433/98
Judges
Howie, Marais, Zulman, Melunsky, Mpati
The Supreme Court of Appeal held that the appellants’ claim against the local authority had prescribed because they could have discovered the relevant facts earlier with reasonable care.
Abrahamse v Municipality of East London and Another, Municipality of East London and Another v Abrahamse (483/95, 513/95) [1997] ZASCA 38; [1997] 2 All SA 651 (A) (12 May 1997)
Court
Supreme Court of Appeal
Case number
483/95, 513/95
Judges
Mahomed, Grosskopf, Harms, Marais, Streicher
The court interpreted statutory notice requirements for municipal debt claims and held that the plaintiff had complied in respect of both municipalities.
