The South African Supreme Court of Appeal confirmed that if a claimant is mentally incapacitated, their claim will continue to be exempt from prescription until a year after incapacity ceases. The appointment of a curator does not remove this protection.
The South African Prescription Act establishes time limits for legal claims. However, Section 13(1) of the Act provides that cases of mentally incapacitated persons do not prescribe, or become time-barred, until one year after the individual recovers from their impairment.
Ms. Nolunga Mkhwanazi, a Shoprite Checkers packer, became permanently mentally incapacitated following a serious workplace injury. Her curator filed a personal injury claim on her behalf more than a year after being assigned to manage her affairs. The defendant argued that once the curator was appointed, Ms. Mkhwanazi could no longer be considered mentally incapacitated for purposes of the Prescription Act. Thus, her claim was time-barred.
The Court rejected the defendant’s argument, determining that the Act was intended to strike a balance between protecting defendants from excessively delayed cases and safeguarding vulnerable plaintiffs whose incapacity may render them “less likely to fight, or be able to fight, for . . . protection.” Although Ms. Mkhwanazi may be better positioned to pursue justice with a curator, she remains a vulnerable individual who still requires the protection of the Prescription Act. Therefore, the Court determined that her protection under Section 13(1) ends only if her mental incapacity ceases.
As of the date of this summary, the curator is seeking funding to get updated expert medical reports to proceed to trial.
This case strengthens protections for individuals who may face challenges in pursuing claims independently, ensuring they are not penalized by procedural delays or the need for curatorship when seeking damages. The ruling promotes a fairer and more equitable legal system in South Africa by balancing legal requirements with the needs of those who require additional support to access justice.
