Minister of Justice and Constitutional Development and Others v Pennington and Another

The respondents sued the Ministers of Justice, Police and Home Affairs for extensive damages arising from the first respondent’s arrest in 1994, prosecution, conviction, and a protracted delay in finalising his criminal appeal. The first respondent was arrested on fraud-related charges in 1994, convicted in 1997, and sentenced to imprisonment. He noted an appeal, but due to failures in preparing and reconstructing the trial record, the appeal was only finalised in June 2015, when his convictions and sentences were set aside. During this period, he was subject to bail and immigration conditions that prevented him from leaving South Africa or working. Summons claiming damages exceeding R400 million was issued in June 2016. The appellants raised a special plea that the claims had prescribed under the Prescription Act 68 of 1969.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order upholding the special plea of prescription, with costs including the costs of two counsel.

The judgment reaffirms the principles governing the commencement of prescription in South African law, particularly that prescription runs once a claimant has knowledge of the material facts giving rise to a complete cause of action, even if the full extent of damages or later consequences are only realised afterwards. It underscores that ongoing consequences of earlier conduct do not delay prescription.