South Africa Case Law

Tshabangu v S

The Constitutional Court held that it had jurisdiction over the fair-trial complaint arising from the High Court's exercise of powers under sections 167 and 186 of the Criminal Procedure Act, because the manner in which the High Court recalled and questioned witnesses was a serious irregularity that undermined trial fairness. The High Court called witnesses to investigate alleged prosecutorial misconduct and relied on inadmissible submissions rather than evidence, then questioned witnesses in a way that departed from neutrality and appeared to assist the State. The resulting evidence should b…

Source excerpt

• Fair trial
• Recalling and subpoenaing witnesses
• Inquisitorial judicial powers
• Recent possession
• Inferential reasoning
• Condonation

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023)

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023) [2025] ZAKZDHC 51 (12 August 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D14387/2023

Judge

Mossop

The High Court dismissed a liquidation challenge for lack of standing and no proof of misconduct. Condonation for a late reply was also refused with costs.

• Winding Up Of Companies
• Liquidator Powers
• Locus Standi
• Sale Of Assets
• Condonation
• Punitive Costs

Department of Higher Education and Training and Another v Dladla (JS240/2022)

Department of Higher Education and Training and Another v Dladla (JS240/2022) [2025] ZALCJHB 339 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JS240/2022

Judge

Riaz Itzkin

The court found that although the explanation for the delay in both delivering the statement of response and launching the condonation application was imperfect and included periods that were unaccounted for, the delay was not so flagrant and gross as to justify refusing condonation without considering the merits. The applicants demonstrated sufficient prospects of success in opposing the main claim, as the salary disparities were not caused by them but were a result of historical employment conditions and subsequent transfer, with standardization and partial back-pay having occurred. The int…

Source excerpt

• Condonation
• Unfair Discrimination
• Employment Equity Act
• Delay Explanation
• Prospects Of Success

Chiloane v Commission for Conciliation Mediation and Arbitration and Others (JR945/24)

Chiloane v Commission for Conciliation Mediation and Arbitration and Others (JR945/24) [2025] ZALCJHB 346 (6 August 2025)

Court

Labour Court Johannesburg

Case number

JR945/24

Judge

N L Dandadzi

The Labour Court dismissed an unopposed condonation application for a late review, finding a 16-month delay was inadequately explained and no prospects of success were shown.

• Condonation
• Late Filing Of Review
• Prospects Of Success
• Interests Of Justice
• Late-filing
• Labour-court-review

Ingerop South Africa (Pty) Ltd v Minister of Water and Sanitation and Others (11175/2024)

Ingerop South Africa (Pty) Ltd v Minister of Water and Sanitation and Others (11175/2024) [2025] ZAWCHC 336 (6 August 2025)

Court

Western Cape High Court, Cape Town

Case number

11175/2024

Judges

Lekhukeni, Sipunzi

High Court held it lacked PAJA jurisdiction over a tender review and, in any event, the application was filed out of time without adequate condonation.

• Promotion Of Administrative Justice Act
• Jurisdiction Of High Courts
• Condonation For Late Review
• Tender Review
• Delay In Instituting Proceedings
• Administrative-law

Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23)

Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23) [2025] ZALCJHB 337 (6 August 2025)

Court

Labour Court Johannesburg

Case number

JS188/23

Judge

H Schensema

The Labour Court dismissed an application for condonation after finding the applicant’s delay in filing the statement of case was excessive and inadequately explained.

• Condonation
• Unfair Dismissal
• Retrenchment
• Section 189 Lra
• Late Filing
• Jurisdiction

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022)

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022) [2025] ZALCJHB 341 (5 August 2025)

Court

Labour Court Johannesburg

Case number

JR1863/2022

Judge

M Naidoo

The Labour Court dismissed an application to reinstate a lapsed review, finding the delay excessive, poorly explained, and fatal despite any prospects of success.

• Condonation
• Practice Manual Non Compliance
• Review Application Delay
• Prospects Of Success
• Prejudice
• Interest Of Justice

Office of the Premier Free State Province v Lesiu Others (C126/2023)

Office of the Premier Free State Province v Lesiu Others (C126/2023) [2025] ZALCCT 63 (5 August 2025)

Court

Labour Court Cape Town

Case number

C126/2023

Judge

C May

The Court found that the explanation for the delay in prosecuting the review application was reasonable and covered the entire period, as the Applicant was awaiting cooperation from the First Respondent's attorney to reconstruct the lost record. The late filing of the confirmatory affidavit by the First Respondent's attorney constituted an irregular step, as it was filed out of sequence and without condonation. The First Respondent failed to provide a reasonable explanation for the late filing of his answering affidavit, and thus condonation was refused. The Applicant demonstrated good cause…

Source excerpt

• Condonation
• Reinstatement Of Review
• Irregular Step
• Practice Manual Compliance
• Record Reconstruction
• Substantive Fairness

Beukes v Road Accident Fund (Leave to Appeal) (8066/2014)

Beukes v Road Accident Fund (Leave to Appeal) (8066/2014) [2025] ZAGPPHC 771 (4 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

8066/2014

Judge

BAQWA

The High Court refused condonation and leave to appeal after a two-year delay, finding no satisfactory explanation, no proper authority issues cured, and no prospects of success.

• Condonation
• Leave To Appeal
• Punitive Costs
• Authority To Institute Proceedings
• Leave-to-appeal
• Punitive-costs

Greater Taung Local Municipality v Office of the Public Protector and Others (89658/2018)

Greater Taung Local Municipality v Office of the Public Protector and Others (89658/2018) [2025] ZAGPPHC 776 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

89658/2018

Judge

Kooverjie

The court found that Mr Bloem’s answering affidavit should be condoned due to his reasonable explanation for delay and the interests of justice. The complaint to the Public Protector was lodged within the statutory period, as evidenced by meetings in April and September 2014. The court rejected the Municipality’s argument that the protected disclosure complaint was an afterthought, finding a clear link between Mr Bloem’s whistleblowing and his dismissal. The Public Protector had jurisdiction to investigate the complaint under Section 182(1) of the Constitution and the Protected Disclosure Act…

Source excerpt

• Protected Disclosure Act
• Jurisdiction Of Public Protector
• Unfair Dismissal
• Remedial Action
• Condonation
• Occupational Detriment