C DIE,
SQE®
Fe Lig, t\
fs / yeite »
Y § ¥ \"\
-( Sb1b8
a ee
<i Lay
SOF SOUS”
IN THE HIGH COURT OF SOUTH AFRICA, MPUMALANGA DIVISION,
(MBOMBELA MAIN SEAT)
Case No.: 2905/2020
DELETE WHICHEVER IS NOT APPLICABLE
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED YES/NO
23/04/2025 rr
DATE SIGNATURE
In the application between:
NDIMANDE, ANDILE FAITH APPLICANT
and
THE MEC FOR HEALTH FOR THE RESPONDENT
MPUMALANGA PROVINCIAL GOVERNMENT
JUDGMENT
FOURIE AJ
INTRODUCTION:
[1] The Applicant is the Plaintiff in a suit in which she claims damages against the
Respondent. In the current application, the Applicant seeks condonation for non-
compliance with Section 3(2) of the Institution of Legal Proceedings against
certain Organs of State, Act 49 of 2002 (“the Act”). The Application is brought
under the auspices, correctly so, of Section 3(4)(a) of the Act. The application
for condonation, as with the main action, is opposed by the Respondent.
[2] In this application, the Applicant seeks an Order in the following terms:
2.14. Condoning the Applicant's letter of demand in terms of
Section 3(4)(a) of the Institution of Legal Proceedings against certain
organs of State Act, 40 of 2002.
2.2. That the Respondent be ordered to pay the costs of the application if
opposed; and
2.3. Further and/or alternative relief.
[3] No further or alternative relief emanated from the hearing of the matter, and as
such same is disregarded in totality.
[4] The Respondent, in opposing the application, seeks the application to be i
dismissed with costs.
HISTORY:
[5] _ In what is to follow, the history of the matter becomes crucially important. :
[6] The history of the matter is concisely set out as follows:
2
6.1. On 29 September 2012, the Applicant gave birth to a child which process
and the medical procedures involving and following same form the catalyst
moment of the litigation between the parties.
6.2. On 29 July 2013, a Letter of Demand was drawn by the Applicant's legal
representative at the time, on the version offered by the Applicant. The
Respondent denies the existence of the Letter of Demand and denies that
the letter of Demand was ever sent by the Applicant to the Respondent.
6.3. Summons in the matter was issued by the Applicant on 3 June 2015.
6.4. On 6 November 2015, the Respondent filed a Special Plea and Plea.
6.5. On 30 January 2023 the Applicant signed her Founding Affidavit
accompanying the Application for Condonation currently serving before /
Court for adjudication to be enrolled on 27 February 2023. i
6.6. On 14 February 2023, the current application was opposed by the |
Respondent. :
6.7. On 2 March 2023, the Respondent filed its answering papers opposing
the current application.
6.8. On 10 April 2024, the Applicant filed her Replying Affidavit to the
Respondent’s Answering Affidavit.
6.9. In the present matter, the date on which the Applicant's claim arose is not
seriously disputed, and the Court accepts such a date to be 29 September
2012.
3