Van Wyk v Unitas Hospital and Others

The applicant’s husband died while a patient at Unitas Hospital. Believing his death was caused by negligence of hospital staff, the applicant intended to institute a damages claim. A report compiled by Dr Naudé, a physician and hospital board chair, concerning nursing conditions at the hospital was believed to be relevant to proving negligence. The applicant sought access to this report under section 50(1)(a) of the Promotion of Access to Information Act 2 of 2000 (PAIA). The High Court ordered disclosure of the report, but the Supreme Court of Appeal (SCA) reversed that decision. Approximately eleven months later, and after the report had in fact been discovered in related civil proceedings, the applicant sought leave to appeal to the Constitutional Court, together with condonation for late filing. The matter was initially struck from the roll due to non‑appearance by the applicant’s legal representatives, leading to a further application to re‑enrol.

The application for condonation of the late filing of the application for leave to appeal was dismissed; the application for leave to appeal was refused; and no order as to costs was made.

The case affirms the Constitutional Court’s strict approach to compliance with procedural time limits and underscores that even important constitutional issues, such as access to information, will not excuse inordinate delay without a reasonable explanation. It reinforces the principles of finality in litigation and clarifies how mootness interacts with the interests of justice in constitutional adjudication.