Mathee v Metropolitan Municipality of Tshwane [2023] ZAGPPHC 504; 013372/2022 (30 June 2023)

Mathee v Metropolitan Municipality of Tshwane [2023] ZAGPPHC 504; 013372/2022 (30 June 2023)

The court found that the respondent's answering affidavit, although filed out of time and without a formal condonation application, was not a nullity or an irregular proceeding incapable of being condoned. The affidavit provided reasons for its lateness, and the applicant failed to demonstrate any prejudice resulting from the late filing. Furthermore, the applicant himself filed a late replying affidavit without seeking condonation and responded to the answering affidavit he sought to set aside. Based on established case law, the court exercised its discretion to condone the late filing in the absence of prejudice and dismissed the application to set aside the answering affidavit.

Citation
[2023] ZAGPPHC 504
Parties
Applicant: W J Mathee; Respondent: The Metropolitan Municipality of Tshwane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 June 2023
Case Number
013372/2022
Procedural Posture
Civil Application / Application to Set Aside Answering Affidavit as Irregular Step
Outcome
Application dismissed with costs.
Judges
Makhoba
Legal Topics
Condonation of Late Filing, Irregular Proceedings, Uniform Rules of Court, Prejudice, Judicial Discretion
Civil Procedure Condonation of Late Filing Irregular Proceedings Uniform Rules of Court Prejudice Judicial Discretion

Case Brief

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Parties

W J Mathee

Applicant

The Metropolitan Municipality of Tshwane

Respondent

Procedural Posture

Civil Application / Application to Set Aside Answering Affidavit as Irregular Step

Legal Issues

  1. 1 Whether the respondent's late filing of an answering affidavit without a condonation application constitutes an irregular step under the Uniform Rules of Court.
  2. 2 Whether the answering affidavit should be set aside in terms of Rule 30 and Rule 30A.
  3. 3 Whether the absence of prejudice to the applicant justifies condonation of the late filing.

Ratio Decidendi

The court found that the respondent's answering affidavit, although filed out of time and without a formal condonation application, was not a nullity or an irregular proceeding incapable of being condoned. The affidavit provided reasons for its lateness, and the applicant failed to demonstrate any prejudice resulting from the late filing. Furthermore, the applicant himself filed a late replying affidavit without seeking condonation and responded to the answering affidavit he sought to set aside. Based on established case law, the court exercised its discretion to condone the late filing in the absence of prejudice and dismissed the application to set aside the answering affidavit.

Court Disposition

Application dismissed with costs.

Orders

  • The application to set aside the respondent's answering affidavit as an irregular step is dismissed.
  • The applicant is ordered to pay the costs of the application.