Minister of Public Works v Roux Property Fund (Pty) Ltd

Roux Property Fund (Pty) Ltd concluded a written lease agreement in July 2010 with the National Department of Public Works (DPW) for premises to be used by SAPS. The DPW never took occupation nor paid rent and later denied the validity of the lease, alleging lack of authority and non-compliance with procurement requirements. As a result, Roux defaulted on its mortgage, leading to foreclosure and loss of the property. In September 2011 the Minister instituted proceedings to have the lease declared void ab initio, which Roux regarded as repudiation. Roux issued summons in August 2014 claiming R340 million in damages for breach, but only gave notice under s 3 of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 on the same day, well outside the six‑month period. After the Minister raised a special plea, Roux applied for condonation more than three years later, which the High Court granted.

The appeal was upheld with costs. The High Court’s order granting condonation was set aside and replaced with an order dismissing the condonation application and dismissing the respondent’s damages claim with costs.

The case reaffirms the strict, conjunctive requirements for condonation under s 3(4) of the Institution of Legal Proceedings against Certain Organs of State Act and underscores the importance of prescription, full explanations for delay, and prospects of success. It illustrates the SCA’s strict approach to late claims against organs of state and reinforces legal certainty and finality in state litigation.