South Africa Case Law

Moodley v Crazy Plastics Pty Ltd and Another (A2024/052750)

Moodley v Crazy Plastics Pty Ltd and Another (A2024/052750) [2025] ZAGPJHC 363 (28 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/052750

Judge

WJ du Plessis

The court found that although the respondents' initial notice of appeal was procedurally defective, the defects were remedied promptly when a case number was allocated and subsequent filings complied with the Practice Directive. The notice was served within the prescribed period, and the applicant was aware of the respondents' intention to prosecute the appeal. The absence of a stamp and case number, later corrected, did not warrant a finding that the appeal had lapsed under Rule 49(7). The court held that procedural rules must be enforced, but technicalities should not unjustly impede the ri…

Source excerpt

• Uniform Rules Of Court
• Appeal Lapsing
• Practice Directives
• Procedural Compliance

T.B v Government Employee Pension Fund and Others (CA 645/2015)

T.B v Government Employee Pension Fund and Others (CA 645/2015) [2025] ZAECMHC 23 (18 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CA 645/2015

Judges

L Rusi, B R Tokota, M Mhambi

The High Court refused condonation and reinstatement of a late appeal, finding the delay inordinate and the explanations insufficient. The appeal had lapsed.

• Condonation Of Late Appeal
• Status Of Marriage
• Customary Vs Civil Marriage
• Proprietary Consequences Of Marriage
• Appeal Lapsing
• Reinstatement Of Appeal

Groenewald and Others v Galloptic Trade and Investment 15 (Pty) Ltd and Others (2024/0699930)

Groenewald and Others v Galloptic Trade and Investment 15 (Pty) Ltd and Others (2024/0699930) [2024] ZAGPJHC 993 (4 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/0699930

Judge

A Bester

The High Court held the applicants’ appeal against an eviction order had not lapsed, joined a necessary party, and referred occupation and restoration issues to oral evidence.

• Eviction Proceedings
• Joinder Of Parties
• Appeal Lapsing
• Restoration Of Possession
• Oral Evidence
• Practice Directives

Bojosinyane v Maroga and Others (UM197/2022)

Bojosinyane v Maroga and Others (UM197/2022) [2024] ZANWHC 221; [2024] 4 All SA 378 (NWM) (23 August 2024)

Court

North West High Court, Mafikeng

Case number

UM197/2022

Judges

Hendricks, Laubscher, Morgan

Full Court appeal struck from the roll for procedural non-compliance and mootness, with costs awarded against the appellant.

• Mootness
• Appeal Lapsing
• Section 139 Intervention
• Condonation
• Justiciability
• Appeal-lapse

Progressiewe Privaat Sekuriteit Monitering en Reaksie (Pty) Limited v National Commissioner of South African Police Services and Others (A47/23)

Progressiewe Privaat Sekuriteit Monitering en Reaksie (Pty) Limited v National Commissioner of South African Police Services and Others (A47/23) [2024] ZAGPPHC 608 (18 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A47/23

Judges

Kooverjie, Cox, Mogotsi

The High Court held the appeal had lapsed for non-compliance with Rule 49 and removed it from the roll, awarding wasted costs but refusing punitive costs.

• Uniform Rules Of Court
• Appeal Lapsing
• Security For Costs
• Costs Award
• Party Party Scale
• Civil-procedure

Taute v Borman (CIV APP MG 13/2023)

Taute v Borman (CIV APP MG 13/2023) [2024] ZANWHC 66 (7 March 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP MG 13/2023

Judges

Hendricks, Petersen

High Court appeal removed from the roll after late prosecution under Uniform Rule 50 and no formal condonation application was brought.

• Appeal Lapsing
• Uniform Rule 50
• Condonation
• Children's Court Orders
• Appeal-lapsing
• Uniform-rule-50

Symes N.O and Others v Harry's Tyres (Pty) Ltd (CIV APP FB 10/2023)

Symes N.O and Others v Harry's Tyres (Pty) Ltd (CIV APP FB 10/2023) [2023] ZANWHC 171 (15 September 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 10/2023

Judge

FMM Reid

The court finds that the appeal has lapsed ex lege in terms of Uniform Rule 49(6)(a) due to the respondent's failure to comply with the prescribed time periods for filing the appeal record and power of attorney. However, the court holds that applications for condonation and reinstatement of the appeal must be determined by the full court hearing the appeal, as expressly provided by Uniform Rule 49(6)(b) and supported by established practice and case law. The application for a declaratory order is therefore futile, as the appeal court retains the power to reinstate the appeal upon good cause s…

Source excerpt

• Uniform Rule 49
• Appeal Lapsing
• Condonation
• Declaratory Order

M.D.M v L.B.M (A5008/2021)

M.D.M v L.B.M (A5008/2021) [2023] ZAGPJHC 960 (25 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5008/2021

Judge

R. Strydom

The High Court granted an amendment and supplementary affidavit, but held it lacked jurisdiction to dismiss or declare lapsed an appeal already before the Full Court.

• Appeal Lapsing
• Amendment Of Notice Of Motion
• Condonation Application
• Court Jurisdiction
• Practice Directives
• Civil-procedure

C.L v N.V.V (1575/2021)

C.L v N.V.V (1575/2021) [2023] ZAFSHC 310 (4 August 2023)

Court

Free State High Court, Bloemfontein

Case number

1575/2021

Judge

Reinders

The court dismissed an urgent application seeking return of a minor child under an interim care-and-contact order, holding the interim order had lapsed after final judgment and the appeal had lapsed procedurally.

• Interim Care And Contact
• Appeal Lapsing
• Best Interests Of Child
• Family-law
• Child-contact
• Interim-orders

Boraki v Minister of Police (CA&R 37/2021)

Boraki v Minister of Police (CA&R 37/2021) [2023] ZANCHC 22 (2 June 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 37/2021

Judges

Phatshoane, Lever

The High Court upheld an appeal against a magistrate’s stay of execution, finding the underlying appeal had lapsed and there was no basis to suspend the writ.

• Stay Of Execution
• Appeal Lapsing
• Magistrates Courts Act
• Interdict
• Judgment Enforcement
• Stay-of-execution