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South Africa decisions
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Bidvest Protea Coin v Maake and Others (JR2035/21) [2025] ZALCJHB 251 (23 June 2025)
The Labour Court refused reinstatement of a review application delayed by 11 months, finding the explanation weak and attorney negligence no excuse.
Sportscene Mthatha v Myataza (CA121/2024) [2025] ZAECMHC 38 (20 May 2025)
Full Bench appeal postponed after an inadequate record wasted judicial time; appellant’s attorneys were ordered to pay wasted costs de bonis propriis.
Mokasule v Botha N.O and Others (Reasons) (MG105/2019) [2025] ZANWHC 146 (19 May 2025)
The High Court refused condonation and rescission of a sequestration order, struck out a late replying affidavit, and ordered the applicant to pay costs.
International Pentecost Holiness Church v K J Selala Attorneys (2021/14237) [2024] ZAGPJHC 265 (13 March 2024)
The High Court ordered an attorney to pay de bonis propriis costs after proceeding with a leave to appeal application in the name of a deceased client.
Mosuwe v Minister of Police and Another (18229/2011) [2023] ZAGPPHC 1821 (23 October 2023)
The High Court refused condonation for a late application for leave to appeal, finding the delay was due to attorney negligence and that the appeal had no prospects of success.
Lehumanego v Transnet Bargaining Council And Others (JR 2767/18) [2023] ZALCJHB 73 (17 February 2023)
The Labour Court reinstated a review deemed withdrawn for late filing of records, granted condonation for a late replying affidavit, and refused a late supplementary affidavit.
Durascaff CC v Essilfie-Appiah (3330/2019) [2022] ZAECMHC 43 (18 October 2022)
The court dismissed an application to rescind an order dismissing the action, finding no error under Rule 42 and no sufficient common-law basis for rescission.
Makhurumola Itlhabanele Holdings (Pty) Ltd v De Vos (2887/2019) [2022] ZANWHC 10 (17 March 2022)
The court dismissed an application to rescind a default judgment, finding no reasonable explanation for the default and no bona fide defence.
Emalahleni Local Municipality v Kleynhans (85183/2015) [2021] ZAGPPHC 777 (8 November 2021)
The court found that the applicant failed to show good cause for rescission of the order granted on 31 July 2019. The applicant's explanation for default, based on attorney negligence, was insufficient, as the applicant did not demonstrate what steps it took to advance the matter over several years. The court held that the absence of oral evidence did not render the judgment erroneously granted, as the pleadings provided sufficient grounds for the order and the court had discretion to decide whether oral evidence was necessary. The applicant did not establish a bona fide defence with prospect…
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Huysamen and Another v Absa Bank Limited and Others (660/2019) [2020] ZASCA 127 (12 October 2020)
The Supreme Court of Appeal held that the applicants and their attorney failed to provide a full and reasonable explanation for the delay in filing the notice of appeal and reinstating the lapsed appeal. The attorney's gross negligence and lack of supervision, combined with the applicants' own inaction, did not justify condonation. The applicants' misleading disclosures and apparent abuse of the surrender process under the Insolvency Act further undermined their bona fides. The court found that the prospects of success were weak, as the sale in execution was not unlawful under section 5(1) of…
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