South Africa Case Law

S v Nkumanda (CA&R45/2023)

S v Nkumanda (CA&R45/2023) [2024] ZAECMKHC 31 (19 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R45/2023

Judges

N G Beshe, M S Rugunanan

The trial of the applicant in the Regional Court was not properly constituted as it was conducted without assessors, contrary to the peremptory requirements of Section 93ter(1) of the Magistrates' Court Act. The applicant did not elect for the trial to proceed without assessors, and the absence of assessors constituted a material irregularity. The applicant provided a satisfactory explanation for the delay in bringing the review application, having acted promptly upon becoming aware of the irregularity. Accordingly, condonation for the late institution of proceedings was granted, and the conv…

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• Irregularity In Trial
• Failure To Comply With Statutory Requirements
• Condonation For Late Application
• Constitution Of Court

Robertet South Africa Aromatics (PTY) Ltd v Munsolve CC (2040/2018)

Robertet South Africa Aromatics (PTY) Ltd v Munsolve CC (2040/2018) [2022] ZANWHC 3 (24 February 2022)

Court

North West High Court, Mafikeng

Case number

2040/2018

Judge

R D Hendricks

The court found that service of the summons was properly effected at the applicant's registered address, in accordance with Rule 4 and established case law. The applicant failed to provide a full and reasonable explanation for the inordinate delay in prosecuting the rescission application, with several periods unaccounted for and blame attributable both to the applicant and its attorneys. The explanation did not cover the entire period of delay, and condonation is not a mere formality but requires diligence and a proper case. Furthermore, the applicant did not demonstrate a bona fide defence…

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• Rescission Of Default Judgment
• Condonation For Late Application
• Service Of Process
• Bona Fide Defence

Maringa v Director of Public Prosecutions of the Northern Cape (1104/16)

Maringa v Director of Public Prosecutions of the Northern Cape (1104/16) [2017] ZANCHC 6; 2017 (1) SACR 561 (NCK) (10 February 2017)

Court

Northern Cape High Court, Kimberley

Case number

1104/16

Judge

Matlapeng

The court found that the applicant's trial was potentially irregular because his legal representative did not possess the required certificate to appear in the High Court, as mandated by the Right of Appearance in Courts Act. The applicant only became aware of this irregularity years after conviction, upon consultation with a new attorney. The right to legal representation is fundamental under the Constitution, and representation by an unqualified person constitutes a serious irregularity. The court accepted the applicant's explanation for the delay and found the application to be bona fide,…

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• Right Of Appearance In Courts Act
• Irregularity In Criminal Trial
• Condonation For Late Application
• Right To Legal Representation

Carmel Nurseries CC v Dube Tradeport Corporation (7660/2014)

Carmel Nurseries CC v Dube Tradeport Corporation (7660/2014) [2016] ZAKZPHC 53 (21 June 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7660/2014

Judge

Koen

The applicant failed to provide a reasonable and acceptable explanation for its default and the delay in bringing the rescission application. The evidence showed that the applicant was aware judgment would follow and chose not to defend or counterclaim, as confirmed in its attorney's letter. The explanations regarding incapacity and subsequent discovery of a counterclaim were inconsistent and unsupported. The alleged defences lacked particularity and bona fides, and the proposed counterclaim was likely prescribed and procedurally defective due to non-compliance with statutory notice requireme…

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• Rescission Of Default Judgment
• Condonation For Late Application
• Lease Agreement Dispute
• Institution Of Legal Proceedings Against Organs Of State

City of Cape Town v Joint Venture Between Little Mead No. 37 (Pty) Ltd and Firstex Engineering Holdings (Pty) and Joint Venture Between Little Mead No. 37 (Pty) Ltd and Firstex Engineering Holdings (Pty) Ltd v City of Cape Town (9995/2014, 13769/2014)

City of Cape Town v Joint Venture Between Little Mead No. 37 (Pty) Ltd and Firstex Engineering Holdings (Pty) and Joint Venture Between Little Mead No. 37 (Pty) Ltd and Firstex Engineering Holdings (Pty) Ltd v City of Cape Town (9995/2014, 13769/2014) [2014] ZAWCHC 201 (17 December 2014)

Court

Western Cape High Court, Cape Town

Case number

9995/2014, 13769/2014

Judge

Binns-Ward

The court validated arbitration conducted while the companies were deregistered, refused to set aside the agreed award, and granted the City costs.

• Arbitration Act 42 Of 1965
• Companies Act 71 Of 2008
• Setting Aside Arbitral Award
• Condonation For Late Application
• Company Deregistration
• Finality Of Litigation

S v Mudarai and Others

S v Mudarai and Others [2007] ZAFSHC 102 (28 September 2007)

Court

Free State High Court, Bloemfontein

Case number

A223/2007

Judges

Malherbe, Van der Merwe

The High Court granted condonation for a late leave-to-appeal application but refused leave, finding no reasonable prospects of success on the conviction challenge.

• Condonation For Late Application
• Leave To Appeal
• Robbery With Aggravating Circumstances
• Identification Of Stolen Property
• Condonation-for-late-application
• Leave-to-appeal