MEC for Health, Western Cape v Coboza (1087/2019) [2020] ZASCA 165 (10 December 2020)

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 – 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.

Extinctive prescription – s 12(3) of the Prescription Act 68 of 1969 – inquiry as to what constitutes knowledge of sufficient facts giving rise to a claim against a hospital – whether the claimant only acquired such knowledge upon consulting with a legal practitioner.

Notice of Motion- Two applications- (a) Entry of monetary judgment in terms of Rule 41 (4) of the Uniform Rules. (b) Rescission application – Requirements for rescission. Whether the Settlement Agreement constitutes novation- test for novation. Whether the debt has prescribed in terms of the Prescription Act 68 of 1969.