S B Lombo v African National Congress

In 1993 the appellant, S B Lombo, sued the African National Congress (ANC) and the South African Communist Party for damages arising from alleged unlawful detention, assault, torture, maltreatment and deprivation of property during the period January 1986 to August 1991 while he was detained in various ANC camps outside South Africa. He alleged he was first detained in Botswana in early 1986 and thereafter held in camps in Zambia, Tanzania, Angola and Uganda, where he was assaulted and maltreated, particularly at Quatro camp. The ANC denied that he was detained in Botswana, contending that he was first detained in Dakawa, Tanzania in April 1986 on suspicion of being a spy, and denied liability for assaults allegedly committed by rogue members. The ANC raised a special plea of prescription under the Prescription Act 68 of 1969. The High Court absolved the ANC from the instance. Leave to appeal was granted only against the dismissal of the claim against the ANC.

The appeal succeeded only to the extent that the appellant’s claim for unlawful detention for the period 23 November 1990 to August 1991 was not prescribed; all other claims were held to be prescribed and dismissed.

The case is significant for its authoritative exposition of prescription in South African delict law, particularly the treatment of ongoing detention and repeated assaults as giving rise to separate causes of action. It clarifies the application of section 13(1) of the Prescription Act where a claimant is prevented by superior force from instituting action, and confirms that the Act displaces reliance on common-law principles such as lex non cogit ad impossibilia where it makes express provision.