South Africa Case Law

Masuku N.O and Others v Minister of Mineral Resources and Others (A263/2022)

Masuku N.O and Others v Minister of Mineral Resources and Others (A263/2022) [2025] ZAGPPHC 37 (28 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

A263/2022

Judges

Neukircher, Kubushi, Ally

The court found that the appeal had lapsed due to the appellants' repeated and flagrant non-compliance with the Uniform Rules, including late filing of the record, powers of attorney, and security for costs. The registrar's allocation of a hearing date did not cure these defects, and only the court could grant condonation, which was not warranted given the cumulative breaches and lack of acceptable explanation. On the merits, the court held that the appellants failed to exhaust internal remedies as required by section 96 of the MPRDA and section 7(2) of PAJA, and that no exceptional circumsta…

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• Mining Rights
• Exhaustion Of Internal Remedies
• Condonation
• Review Of Administrative Action
• Heritage Protection
• Appeal Lapse

Standard Bank of South Africa Limited v Cratos Capital (Proprietary) Limited (45754-2018)

Standard Bank of South Africa Limited v Cratos Capital (Proprietary) Limited (45754-2018) [2024] ZAGPJHC 157 (20 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

45754/2018

Judge

Modiba

The High Court held that Cratos’s appeal against an arbitral award had lapsed because it failed to file the record and furnish security within the required time.

• Arbitration Agreement
• Appeal Lapse
• Security For Costs
• Uniform Rules Of Court
• Declaratory Relief
• Arbitration

Dollavil Boerdery (Pty) Ltd v Jonker and Another (A72/2021;4303/2020)

Dollavil Boerdery (Pty) Ltd v Jonker and Another (A72/2021;4303/2020) [2023] ZAFSHC 263 (26 June 2023)

Court

Free State High Court, Bloemfontein

Case number

A72/2021;4303/2020

Judge

N.S. Daniso

The court found that the appeal had lapsed due to the respondents' failure to apply for a hearing date within the prescribed 60-day period after delivery of the notice of appeal, as required by Uniform rule 49(6)(a). The applicant's concession that dismissal of the appeal was not competent was accepted, and the court held that striking off the appeal was not legally sound, as such relief must be sought before the appeal court. The court further determined that the applicant was not prejudiced by the lapsed appeal, as the suspension of the eviction order terminated upon lapse, and the applican…

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• Eviction Order
• Appeal Lapse
• Uniform Rule 49
• Costs Award
• Reinstatement Of Appeal

Mabusela and Others v Booi and Another (CA149/2021)

Mabusela and Others v Booi and Another (CA149/2021) [2023] ZAECMKHC 54 (2 May 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA149/2021

Judges

N G Beshe, R W N Brooks, M Gwala

The High Court held that no valid land-sale agreement was concluded and granted condonation, reinstated the appeal, and set aside the court a quo’s order.

• Alienation Of Land Act
• Formalities Of Contract
• Condonation
• Appeal Lapse
• Offer And Acceptance
• Alienation-of-land-act

Smith v SCI Essel Offshore Services Ltd and Another (17195/2010 ; A740/2014)

Smith v SCI Essel Offshore Services Ltd and Another (17195/2010 ; A740/2014) [2022] ZAGPPHC 717 (21 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

17195/2010 ; A740/2014

Judge

Mazibuko AJ

The court found that both parties failed to take steps to bring the appeal to finality after its postponement sine die in August 2015. The applicant did not pursue its application to introduce fresh evidence or amend its plea, and the first respondent did not re-enrol the appeal or communicate regarding its status. The court held that there is no provision in Rule 49 specifically addressing appeals postponed sine die, and that the appeal court remains seized with the matter. The High Court declined to declare the appeal lapsed, as the appeal court may still determine all issues surrounding th…

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• Uniform Rules Of Court
• Condonation
• Appeal Lapse
• Declaratory Relief
• Costs Orders

Midrand Rental Company (Pty) Ltd v Koboekae (17226/2021)

Midrand Rental Company (Pty) Ltd v Koboekae (17226/2021) [2022] ZAGPJHC 356 (24 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

17226/2021

Judge

S C Mia

The High Court held that the respondent’s leave-to-appeal papers were irregular and had lapsed because he failed to prosecute the appeal timeously or seek condonation.

• Eviction Procedure
• Condonation
• Irregular Step
• Appeal Lapse
• Security For Costs
• Appeal-lapse

Cliffendale Villas Body Corporate v Mbowane (28013/19)

Cliffendale Villas Body Corporate v Mbowane (28013/19) [2022] ZAGPPHC 144 (8 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

28013/19

Judge

E van der Schyff

The court stayed a stay-of-execution application pending condonation and reinstatement of an appeal that had lapsed for non-prosecution, and awarded costs against the applicant.

• Stay Of Execution
• Condonation
• Community Schemes Ombud Service Act
• Appeal Lapse
• Stay-of-execution
• Appeal-lapse

Mosselbaai Boeredienste (Pty) Ltd t/a Mosselbaai Toyota v OKB Motors CC t/a Bultfontein Toyota (A43/2021)

Mosselbaai Boeredienste (Pty) Ltd t/a Mosselbaai Toyota v OKB Motors CC t/a Bultfontein Toyota (A43/2021) [2021] ZAFSHC 286 (18 November 2021)

Court

Free State High Court, Bloemfontein

Case number

A43/2021

Judges

Naidoo, De Kock

The court found that the appellant failed to provide a full and satisfactory explanation for its non-compliance with the Rules of Court, including delays in filing the appeal record and the power of attorney. The record was incomplete and contained errors, and the appellant's legal representatives were tardy in prosecuting the appeal. On the merits, the court agreed with the trial court that the appellant's computer system was compromised due to its own negligence, and the respondent acted on a misrepresentation from the appellant's email. The defence of estoppel was correctly applied, and th…

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• Condonation
• Estoppel
• Negligence
• Cybercrime Liability
• Appeal Lapse

Focus Connection (Pty) Ltd and Another v Eagle Creek Investments 472 (Pty) Ltd and Another (A5007/2018, 5738/2016)

Focus Connection (Pty) Ltd and Another v Eagle Creek Investments 472 (Pty) Ltd and Another (A5007/2018, 5738/2016) [2019] ZAGPJHC 276 (6 August 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A5007/2018, 5738/2016

Judge

Twala M L

The High Court dismissed an urgent bid to stop execution on property, holding that the appeal had lapsed and the writ was not unlawful.

• Writ Of Execution
• Stay Of Execution
• Appeal Lapse
• Security For Costs
• Writ-of-execution
• Stay-of-execution

Erasmus v Absa Bank Limited and Others (A982/13)

Erasmus v Absa Bank Limited and Others (A982/13) [2017] ZAGPPHC 890 (8 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

A982/13

Judges

Potterill, W Hughes, S.S. Mphahlele

The court found that Erasmus failed to comply with Uniform Rules 49(6)(a), 49(7)(a), and 49(13)(a) by not filing security for costs, not lodging the record and application for a hearing date timeously, and providing contradictory and inadequate explanations for these failures. The explanations offered were unreasonable and lacked detail. The court held that condonation is not a mere formality and must be supported by sufficient cause, which Erasmus failed to demonstrate. Furthermore, the prospects of success on appeal were negligible, as the credit agreement could not be reinstated after the…

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• Condonation
• Default Judgment
• Mortgage Bond
• National Credit Act
• Appeal Lapse
• Security For Costs