Synopsis:
Constitutional invalidity of section 2(1)(a) of the Limitation of Legal Proceedings (Provincial and Local Authorities) Act 94 of 1970 confirmed. Somyalo AJ found that the section, which obliges plaintiffs wishing to sue an administration, local authority or any of its officers for damages for a wrongful act, to serve a written notice on the defendant within ninety days of the cause of action arising, constituted a material limitation of section 34 and could not be justified under section 36 of the Constitution.
