South Africa Case Law

City of Tshwane Municipality Municipality v Moipane Fleet (Pty) Ltd and Another (27752/2017)

City of Tshwane Municipality Municipality v Moipane Fleet (Pty) Ltd and Another (27752/2017) [2025] ZAGPPHC 543 (23 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

27752/2017

Judge

Collis

The High Court refused leave to appeal in a review matter, holding that the municipality’s delay was unreasonable, inadequately explained, and caused prejudice.

• Unreasonable Delay
• Condonation Of Delay
• Review Of Tender Award
• Prospects Of Success
• Prejudice In Administrative Review
• Unreasonable-delay

Molupe v Nala Local Municipality and Another (1711/2023)

Molupe v Nala Local Municipality and Another (1711/2023) [2025] ZAFSHC 39 (4 February 2025)

Court

Free State High Court, Bloemfontein

Case number

1711/2023

Judge

Daniso

The court found that the applicant failed to prove his entitlement to damages, as the claim was illiquid and not suitable for determination by motion proceedings. The applicant did not provide sufficient evidence to quantify the damages, and the respondents' contentions regarding deductions and mitigation were not addressed. Regarding the review application, the court held that the Systems Act and 2014 Regulations relied upon by the respondents were constitutionally invalid and unenforceable at the time of the applicant's appointment. Therefore, the respondents could not rely on those provisi…

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• Unlawful Termination
• Review Of Administrative Action
• Condonation Of Delay
• Appointment Requirements
• Unliquidated Damages
• Constitutional Invalidity

Naledi Local Municipality v Reitum Investments (Pty) Ltd and Others (M259/2022)

Naledi Local Municipality v Reitum Investments (Pty) Ltd and Others (M259/2022) [2025] ZANWHC 10 (22 January 2025)

Court

North West High Court, Mafikeng

Case number

M259/2022

Judge

Makoti

The court found the municipality’s sale and valuation of Vryburg land unlawful, but let Reitum keep the property if it pays the balance of true value.

• Municipal Procurement
• Invalid Administrative Action
• Unsolicited Bid
• Valuation Error
• Just And Equitable Remedy
• Condonation Of Delay

City of Tshwane Metropolitan Municipality v Haywood N.O (34183/2020)

City of Tshwane Metropolitan Municipality v Haywood N.O (34183/2020) [2024] ZAGPPHC 958 (23 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

34183/2020

Judge

Nyathi

The High Court dismissed the City of Tshwane’s rescission application for an old default order, finding the delay inadequately explained and no bona fide defence shown.

• Rescission Of Judgment
• Condonation Of Delay
• Default Judgment
• Audi Alteram Partem
• Rescission-of-judgment
• Condonation-of-delay

Coetzee v Bosman (A66/2024 ; A67/2024)

Coetzee v Bosman (A66/2024 ; A67/2024) [2024] ZAWCHC 232 (2 September 2024)

Court

Western Cape High Court, Cape Town

Case number

A66/2024 ; A67/2024

Judges

Kusevitsky, Sidaki

The Magistrate erred in finding that the court lacked jurisdiction to entertain common law claims against a deceased estate. The Administration of Estates Act does not oust the right of creditors to pursue such claims in court. The statutory scheme provides a process for liquidation of estates but does not preclude judicial enforcement of claims. The appeals are upheld, condonation for delay is granted, and the default judgment application in case 239/2021 is remitted for determination on the merits before a different Magistrate.

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• Magistrates Court Jurisdiction
• Administration Of Deceased Estates
• Condonation Of Delay
• Default Judgment
• Common Law Claims Against Estate

Department of Correctional Services v Solidarity obo Taljaard and Others (JA106/22)

Department of Correctional Services v Solidarity obo Taljaard and Others (JA106/22) [2024] ZALAC 31; [2024] 9 BLLR 906 (LAC); (2024) 45 ILJ 2505 (LAC) (24 June 2024)

Court

Labour Appeal Court

Case number

JA106/22

Judges

Sutherland, Musi, Davis

The Labour Appeal Court found that the appellant had failed to bring a proper review application despite repeated opportunities and had provided no satisfactory explanation for the persistent delays. The Court held that granting the appeal would unjustifiably allow the appellant further opportunity to regularize its position, to the detriment of the employee. The principles from Khumalo v MEC for Education KZN were applied, emphasizing that unexplained and unreasonable delay, especially in public-sector employment disputes, cannot be condoned. The Court concluded that the appellant's conduct…

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• Unfair Labour Practice
• Condonation Of Delay
• Arbitration Award Enforcement
• Collective Agreement
• Review Application Requirements

Professional Aviation Services (Pty) Ltd v City of Tshwane Metropolitan Municipality (37721/2021)

Professional Aviation Services (Pty) Ltd v City of Tshwane Metropolitan Municipality (37721/2021) [2024] ZAGPPHC 384 (16 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

37721/2021

Judge

L.A. Retief

The High Court refused to overlook the City of Tshwane’s delay in launching a self-review, made an arbitration award an order of court, and dismissed the counterapplication.

• Municipal Procurement
• Condonation Of Delay
• Arbitration Award Enforcement
• Legality Review
• Service Level Agreement
• Automatic Renewal Of Contract

Arise Afrika Arise (AAAR) v Electoral Commission of South Africa (008/2023 EC)

Arise Afrika Arise (AAAR) v Electoral Commission of South Africa (008/2023 EC) [2024] ZAEC 1 (16 January 2024)

Court

Electoral Court

Case number

008/2023 EC

Judges

Zondi JA, Modiba J, Shongwe AJ, Professor Ntlama-Makhanya

The Court found that the delay in bringing the review application was short and, despite an unsatisfactory explanation, condonation was granted in the interests of justice due to the constitutional rights at stake. On the merits, the applicant failed to meet the statutory requirements for registration as a political party, specifically the submission of valid signatures of 1000 registered voters. The evidence showed fraudulent signatures and duplications, which the applicant did not challenge on appeal. Furthermore, the proposed party name 'Arise Afrika Arise' closely resembled 'Arise South A…

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• Electoral Registration
• Promotion Of Administrative Justice Act
• Constitutional Rights
• Review Of Administrative Action
• Condonation Of Delay

Long v Appeal Authority iro Ndlambe Municipality and Others (621/2022)

Long v Appeal Authority iro Ndlambe Municipality and Others (621/2022) [2023] ZAECMKHC 131; [2024] 1 All SA 364 (ECG) (21 November 2023)

Court

Eastern Cape High Court, Makhanda

Case number

621/2022

Judge

Laing

The court found that the applicant's delay in instituting review proceedings was unreasonable but condoned the delay and extended the 180-day period, considering the explanation provided and the merits of the case. The Municipal Planning Tribunal and Appeal Authority erred in law by failing to appreciate the legal effect of the restrictive conditions attached to the title deed and by applying the new land use scheme retrospectively, rather than the Kenton-on-Sea Town Planning Scheme By-laws in force at the time of the application. The approval for guesthouse use was not permitted under the ap…

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• Promotion Of Administrative Justice Act
• Municipal Planning
• Restrictive Title Conditions
• Zoning Scheme Interpretation
• Condonation Of Delay
• Just And Equitable Remedy

Modupe v Master of the High Court, Free State Province Bloemfontein and Others (1602/2022)

Modupe v Master of the High Court, Free State Province Bloemfontein and Others (1602/2022) [2023] ZAFSHC 363 (21 September 2023)

Court

Free State High Court, Bloemfontein

Case number

1602/2022

Judges

Mhlambi, Daniso

The High Court dismissed a delayed PAJA review seeking to set aside the Master’s removal of a trustee and to reinstate him, finding no adequate explanation for the four-year delay.

• Trustee Removal
• Condonation Of Delay
• Promotion Of Administrative Justice Act
• Audi Alteram Partem
• Letters Of Authority
• Paja-review