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South Africa Case Law

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Civil Procedure [2025] ZAMPMBHC 33

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020)

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020) [2025] ZAMPMBHC 33 (23 April 2025)

The High Court dismissed an application for condonation for late statutory notice against a provincial health department, finding no good cause for a seven-year delay.

  • Condonation
  • Institution Of Legal Proceedings Against Organs Of State Act
  • Statutory Notice
  • Good Cause
  • Prejudice
  • Delay In Application
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Civil Procedure [2024] ZAECBHC 8

N.S v Member of the Executive Council, Department of Health, Eastern Cape (438/2023)

N.S v Member of the Executive Council, Department of Health, Eastern Cape (438/2023) [2024] ZAECBHC 8 (7 May 2024)

The High Court dismissed prescription and statutory-notice special pleas in a medical-negligence damages claim, accepting that the plaintiff only learned the debtor’s identity in May 2023.

  • Prescription Act
  • Institution Of Legal Proceedings Against Organs Of State Act
  • Medical Negligence
  • Statutory Notice
  • Burden Of Proof
  • Medical-negligence
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Civil Procedure [2023] ZAECBHC 32

Minister of Police v Dike - Application for Leave to Appeal (404/2022)

Minister of Police v Dike - Application for Leave to Appeal (404/2022) [2023] ZAECBHC 32 (9 October 2023)

The High Court refused leave to appeal in a police prescription and condonation dispute, holding that new facts could not be introduced at this stage.

  • Prescription Act
  • Condonation
  • Leave To Appeal
  • Statutory Notice
  • Burden Of Proof
  • Prescription
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Civil Procedure [2021] ZAGPPHC 82

Kontsiwe v Minister of Police (73161/16)

Kontsiwe v Minister of Police (73161/16) [2021] ZAGPPHC 82 (9 February 2021)

The court found that the plaintiff's claims for unlawful arrest and detention had prescribed because the summons was served after the three-year prescription period had expired, and prescription is interrupted only upon service, not issuance, of summons. Therefore, condonation for failure to serve the statutory notice in respect of these claims was precluded. Regarding malicious prosecution, the court determined that the cause of action only arose when the criminal proceedings were terminated in the plaintiff's favour, which was plausibly on 24 April 2018. The statutory notice served in 2015…

  • Institution Of Legal Proceedings Against Organs Of State Act
  • Prescription
  • Malicious Prosecution
  • Unlawful Arrest
  • Condonation
  • Statutory Notice
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Civil Procedure [2008] ZAGPHC 141

Rademeyer v Minister of Correctional Services (05/15044)

Rademeyer v Minister of Correctional Services (05/15044) [2008] ZAGPHC 141 (30 April 2008)

The High Court refused to let the defendant withdraw a pre-trial concession of liability, holding there was no special circumstance or viable defence.

  • Withdrawal Of Admission
  • Pre Trial Conference
  • Concession Of Liability
  • Prescription
  • Statutory Notice
  • Costs Order
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