Masilela v Charles Slabbert Enterprises CC and Others (LCC 208/2017) [2018] ZALCC 19 (13 June 2018)

Masilela v Charles Slabbert Enterprises CC and Others (LCC 208/2017) [2018] ZALCC 19 (13 June 2018)

The court found that the application for condonation was bona fide and not intended to delay proceedings. The explanation for the delay in filing the application and the affidavit of Rachel van Rensburg was accepted as reasonable, given the difficulty in tracing the witness and the materiality of her evidence. The court held that there was no prejudice to the applicant, as the matter would be postponed to allow the applicant to respond to the new affidavit. The interests of justice required that all relevant evidence be ventilated, and the affidavit was therefore admitted. Condonation for the late filing was granted, and costs were awarded against the first respondent.

Citation
[2018] ZALCC 19
Parties
Applicant: Annah Masilela; Respondent: Charles Slabbert Enterprises CC; Respondent: Minister of Rural Development and Land Reform; Respondent: Director-General of the Department of Rural Development and Land Reform
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
13 June 2018
Case Number
LCC 208/2017
Procedural Posture
Interlocutory Application / Condonation Application for Late Filing of Affidavits and Heads of Argument in Pending Main Application
Outcome
Condonation granted for the late filing of the application and the affidavit of Rachel van Rensburg; affidavit accepted into evidence; costs awarded against the first respondent; main application postponed sine die.
Judges
Molefe
Legal Topics
Labour Tenant Status, Condonation, Late Filing of Affidavit, Land Reform Act, Interlocutory Relief
Land and Property Civil Procedure Labour Tenant Status Condonation Late Filing of Affidavit Land Reform Act Interlocutory Relief

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Parties

Annah Masilela

Applicant

Charles Slabbert Enterprises CC

Respondent

Minister of Rural Development and Land Reform

Respondent

Director-General of the Department of Rural Development and Land Reform

Respondent

Procedural Posture

Interlocutory Application / Condonation Application for Late Filing of Affidavits and Heads of Argument in Pending Main Application

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the first respondent's application and supplementary affidavit.
  2. 2 Whether the affidavit of Rachel van Rensburg should be accepted into evidence.
  3. 3 Whether the late filing prejudices the applicant or the proceedings.

Ratio Decidendi

The court found that the application for condonation was bona fide and not intended to delay proceedings. The explanation for the delay in filing the application and the affidavit of Rachel van Rensburg was accepted as reasonable, given the difficulty in tracing the witness and the materiality of her evidence. The court held that there was no prejudice to the applicant, as the matter would be postponed to allow the applicant to respond to the new affidavit. The interests of justice required that all relevant evidence be ventilated, and the affidavit was therefore admitted. Condonation for the late filing was granted, and costs were awarded against the first respondent.

Court Disposition

Condonation granted for the late filing of the application and the affidavit of Rachel van Rensburg; affidavit accepted into evidence; costs awarded against the first respondent; main application postponed sine die.

Orders

  • Condonation is granted to the first respondent for the late filing of the application and the affidavit of Rachel van Rensburg, which is accepted into evidence.
  • The first respondent is to pay the costs of this application.