B E obo J E v MEC for Social Development, Western Cape [2021] ZACC 23 (27 August 2021)

Delict – widening of pleadings – wrongfulness and negligence – respondent injured as a result of open manhole under control of appellant – open manhole previously reported to an employee of the appellant

Prescription — delictual claims for damages — unconstitutionality of President’s conduct a component of alleged wrongfulness — whether completion of cause of action delayed until Constitutional Court makes order confirming or declaring unconstitutionality of President’s conduct.

Prescription — whether institution of review application by third party in respect of President’s unconstitutional conduct interrupted prescription in respect of plaintiffs’ damages claims — whether intervention by certain plaintiffs in the review interrupted prescription in respect of the damages claims.