In June 2006, the applicant, Mr Links, a cleaner with Grade 7 education, dislocated his thumb and attended Kimberley Hospital. A plaster of Paris cast was applied. He returned several times with severe pain and was eventually admitted on 4 July 2006. On 5 July 2006, his left thumb was amputated during surgery. He remained hospitalized until end of August 2006, undergoing multiple procedures. He was discharged and told he would likely never regain use of his left arm, which developed a "clawed" hand. In November 2006 he sought legal help, eventually approaching the Legal Aid Board in December 2006. The Legal Aid Centre failed to act for approximately three years. His current attorneys sent notice and issued summons on 6 August 2009, more than three years after the amputation. The respondent raised special pleas of non-compliance with the Institution of Legal Proceedings Against certain Organs of State Act and prescription. The applicant applied for condonation but both the High Court and Full Court held the claim had prescribed, finding the debt became due on 26 June 2006 when he first presented for treatment.