Mtokonya v Minister of Police [2017] ZACC 33 (19 September 2017)

Extinctive prescription – s 12(3) of Prescription Act 68 of 1969 – involves two enquiries in respect of facts from which the debt arises (primary facts) – first: determination of primary facts – second: ascertainment of when primary facts were known or should reasonably have been known.

Prescription Act 68 of 1969 — section 12(3) — clients’
professional negligence claim against legal practitioner —
knowledge of facts may include knowledge of a legal conclusion
— exception to the general rule

Prescription Act 68 of 1969 – firm of attorneys sued for damages
arising out of drafting of an ante-nuptial contract subsequently found to be invalid
– date of commencement of the running of prescription – meaning of the
expression ‘debt is due’ – s 12(3) requires knowledge of the identity of the debtor
and facts necessary to institute action – knowledge of legal conclusion not
required by s 12(3)

Prescription – extinctive prescription – ‘facts from which the debt arises’ in terms of s 12(3) of the Prescription Act 68 of 1969 – knowledge of legal consequences not required by s 12(3) of the Prescription Act – Alienation of Land Act 68 of 1981 – failure to comply with s 2(1) of the Alienation of Land Act.

Urgent application — direct access — postponement of local government election

Local Government: Municipal Structures Act 117 of 1998 — section 24 — Local Government: Municipal Electoral Act 27 of 2000 — section 11 — Electoral Commission Act 1 of 1996 — Electoral Act 73 of 1998 — Constitution of the Republic of South Africa — section 159

Free and fair elections — application dismissed