Transnet Ltd. v Ngcezula (288/93)
Transnet Ltd. v Ngcezula (288/93) [1994] ZASCA 192; 1995 (3) SA 538 (AD); [1995] 2 All SA 111 (A) (30 November 1994)
The Supreme Court of Appeal held that the repeal of section 64(3) of the South African Transport Services Act 65 of 1981 did not retrospectively extinguish the accrued rights and obligations of the parties. Both the right of Transnet (as successor to SATS) to resist the claim due to late lodging, and the respondent's right to apply for special leave, survived the repeal by virtue of section 12(2) of the Interpretation Act 33 of 1957. The court found that the respondent had demonstrated special circumstances for her delay, namely her severe injuries and inability to instruct her attorney, and…
Source excerpt
- Statutory Time Bar
- Special Leave To Lodge Claim
- Interpretation Act Application
- Succession Of Liabilities
- Procedural Vs Substantive Law