South Africa Case Law

SAMWU obo Sefanyetso v South African Local Government Bargaining Council and Others - Ex Tempore Judgment Condonation Application (JR265/2021)

SAMWU obo Sefanyetso v South African Local Government Bargaining Council and Others - Ex Tempore Judgment Condonation Application (JR265/2021) [2023] ZALCJHB 288 (10 October 2023)

Court

Labour Court Johannesburg

Case number

JR265/2021

Judge

M T M Phehane

The Labour Court refused condonation for a late review application, finding the delay excessive and inadequately explained, with no need to consider prospects of success.

• Condonation
• Review Application Delay
• Arbitration Award Challenge
• Practice Manual Compliance
• Labour-review
• Arbitration-award

Pentagon Financial Solutions (Pretoria) (Pty) Ltd and Others v Pieter Willem Basson the Legare Business Trust and Others (13001/2021)

Pentagon Financial Solutions (Pretoria) (Pty) Ltd and Others v Pieter Willem Basson the Legare Business Trust and Others (13001/2021) [2023] ZAWCHC 122; [2023] 3 All SA 560 (WCC) (15 May 2023)

Court

Western Cape High Court, Cape Town

Case number

13001/2021

Judge

P. S. Van Zyl

The court held that the shareholders' 'book' is a discoverable document under Rule 35, as it exists in electronic form and is referenced in the affidavits, making it relevant to the proceedings. The applicants' confidentiality concerns can be addressed by appropriate undertakings and limited access. Documents relating to the winding-up of APS International must be produced, as the applicants referenced compliance with requirements in affidavits and failed to establish lack of relevance or possession. Exceptional circumstances exist to order discovery under Rule 35(13), given the applicants' c…

Source excerpt

• Discovery In Motion Proceedings
• Rule 35 Uniform Rules
• Confidentiality Orders
• Arbitration Award Challenge
• Shareholder Disputes

Mathiva and Others v Public Health and Social Development Sectoral Bargaining Council and Others (JR804/2016)

Mathiva and Others v Public Health and Social Development Sectoral Bargaining Council and Others (JR804/2016) [2018] ZALCJHB 315 (3 October 2018)

Court

Labour Court Johannesburg

Case number

JR804/2016

Judge

Lallie

The Labour Court refused to dismiss a review application for delay, finding no inordinate delay was proved and that procedural defects alone did not justify dismissal.

• Review Application Delay
• Practice Manual Clause 11 2 3
• Arbitration Award Challenge
• Labour-law
• Review-applications
• Arbitration-awards