Mtshali N.O. and Others v Buffalo Conservation 97 (PTY) Limited (40602/08) [2023] ZAGPPHC 16 (16 January 2023)

Mtshali N.O. and Others v Buffalo Conservation 97 (PTY) Limited (40602/08) [2023] ZAGPPHC 16 (16 January 2023)

The court found that the delay in filing the notice of appeal and preparing the record was adequately explained and reasonable, being solely attributable to the conduct of officials in the State Attorney's office. The applicants demonstrated their intention to pursue the appeal and made diligent enquiries regarding its progress. The respondent suffered no prejudice, as the notice of appeal was served timeously, allowing for a cross-appeal. The applicants provided sufficient particulars of their actions during the delay. The court concluded that sufficient cause for condonation was shown and that the appeal should be reinstated. No order as to costs was made, as both parties acted reasonably.

Citation
[2023] ZAGPPHC 16
Parties
Applicant: Mtshali, D I N.O.; Applicant: The National Directorate of Animal Health of the Department of Agriculture and Environmental Affairs of the Republic of South Africa; Applicant: The Minister of Agricultural and Environmental Affairs of the Republic of South Africa; Respondent: Buffalo Conservation 97 (PTY) Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 January 2023
Case Number
40602/08
Procedural Posture
Condonation Application / Application for Condonation and Reinstatement of Lapsed Appeal
Outcome
Condonation for the late filing of the notice of appeal and the record of appeal is granted. The lapsed appeal is reinstated. No order as to costs is made.
Judges
Mngqibisa-Thusi
Legal Topics
Condonation, Reinstatement of Appeal, Late Filing, Uniform Rules of Court, Interests of Justice
Civil Procedure Condonation Reinstatement of Appeal Late Filing Uniform Rules of Court Interests of Justice

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Parties

Mtshali, D I N.O.

Applicant

The National Directorate of Animal Health of the Department of Agriculture and Environmental Affairs of the Republic of South Africa

Applicant

The Minister of Agricultural and Environmental Affairs of the Republic of South Africa

Applicant

Buffalo Conservation 97 (PTY) Limited

Respondent

Procedural Posture

Condonation Application / Application for Condonation and Reinstatement of Lapsed Appeal

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the notice of appeal and the record of appeal.
  2. 2 Whether the appeal should be reinstated after lapsing due to non-compliance with Rule 49(2) of the Uniform Rules of Court.
  3. 3 Whether the delay and conduct of the State Attorney's office should be imputed to the applicants.

Ratio Decidendi

The court found that the delay in filing the notice of appeal and preparing the record was adequately explained and reasonable, being solely attributable to the conduct of officials in the State Attorney's office. The applicants demonstrated their intention to pursue the appeal and made diligent enquiries regarding its progress. The respondent suffered no prejudice, as the notice of appeal was served timeously, allowing for a cross-appeal. The applicants provided sufficient particulars of their actions during the delay. The court concluded that sufficient cause for condonation was shown and that the appeal should be reinstated. No order as to costs was made, as both parties acted reasonably.

Court Disposition

Condonation for the late filing of the notice of appeal and the record of appeal is granted. The lapsed appeal is reinstated. No order as to costs is made.

Orders

  • Condonation for the late filing of the notice of appeal and the record of appeal is granted.
  • The lapsed appeal is reinstated.