South Africa Case Law

Joubert v Drotsky (AR9/2023)

Joubert v Drotsky (AR9/2023) [2024] ZAKZPHC 72 (30 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR9/2023

Judges

Mossop, Mngadi

The appellant failed to provide a full and satisfactory explanation for the year-long delay in filing her notice of appeal. Her affidavit was vague, omitted key dates, and did not account for the entire period. The explanation regarding attempts to raise funds was insufficient and unsupported by detail. Furthermore, her prospects of success were poor, as she did not discharge the onus of proving the payment was a gift, and her arguments regarding the Afrikaans statement and procedural irregularity were unfounded. The affidavit supporting condonation was improperly commissioned by her own coun…

Source excerpt

• Condonation
• Late Filing Of Appeal
• Finality Of Litigation
• Onus Of Proof
• Commissioner Of Oaths Regulation

Fransch obo Fransch v Premier, Gauteng Province and Another (2016/18040)

Fransch obo Fransch v Premier, Gauteng Province and Another (2016/18040) [2018] ZAGPJHC 430; 2019 (1) SA 247 (GJ) (8 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2016/18040

Judge

L Adams

High Court decision on discovery and pre-trial procedure: one discovery affidavit was disregarded as improperly commissioned, but a bid to strike out the defence failed.

• Discovery Affidavit
• Commissioner Of Oaths Regulation
• Rule 35 Application
• Rule 30a Application
• Pre Trial Procedure
• Costs Order