The High Court considered an application for condonation for the late filing of a statutory notice under section 3(4)(a) of the Institution of Proceedings against Certain Organs of State Act. It found that no good cause was shown for the late notice and that the damages claim had already prescribed. The application was dismissed with costs on scale B.
This appears to concern condonation, prescription, and notice requirements in a claim against an organ of state.
Evidence from source
This is an application brought by the applicant against the respondent for condonation for the late filing of a statutory notice in terms of section 3(4)(a) of the Institution of Proceedings against Certain Organs of State Act.
Supports: Summary sentence 1: the court considered condonation for the late filing of a statutory notice under the Act.
no cause, let alone good cause was demonstrated for the failure to deliver the notice outside of the six month period
Supports: Summary sentence 2: the court found no good cause for the late notice.
the damages claim has prescribed in its entirety
Supports: Summary sentence 2: the court found the damages claim had prescribed.