Shoprite Checkers (PTY) Limited v. Mafate N.O. [2024] ZACC 16

Nature of the Case

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.

Enforcement of the Decision and Outcomes

As of the date of this summary, the curator is seeking funding to get updated expert medical reports to proceed to trial.

Significance of the Case

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.

Secondary Materials

• Deniro Pillay & Purnel Gangiah, Prescription Does Not Run Against a Mentally Incapacitated Claimant Despite Having a Curator, Norton Rose Fulbright (May 9, 2023), https://www.financialinstitutionslegalsnapshot.com/2023/05/09/prescription-does-not-run-against-a-mentally-incapacitated-claimant-despite-having-a-curator/.
• Bregman Moodley Attorneys Inc., How the Shoprite Checkers Case Clarifies the Impact of Curators on Prescription Act for Mentally Incapacitated Claimants, LinkedIn (September 14, 2023), https://www.linkedin.com/pulse/how-shoprite-checkers-case-clarifies-impact/.
• Tariq Moosa, Top Court Gives Mentally Incapacitated Claimants Prescription Relief, Business Day, August 16, 2024, https://www.linkedin.com/pulse/how-shoprite-checkers-case-clarifies-impact/.