T.B v Government Employee Pension Fund and Others (CA 645/2015) [2025] ZAECMHC 23 (18 March 2025)
Court
Eastern Cape High Court, Mthatha
Case number
CA 645/2015
Judges
L Rusi, B R Tokota, M Mhambi
The High Court refused condonation and reinstatement of a late appeal, finding the delay inordinate and the explanations insufficient. The appeal had lapsed.
Trustees of the Body Corporate of Sweetwaters v Chetty and Others (11936/23) [2024] ZAKZDHC 93 (5 December 2024)
Court
Kwazulu-Natal High Court, Durban
Case number
11936/23
Judge
Ploos van Amstel
The court found that the applicant did not receive notice of the dispute or hearing and acted promptly upon learning of the adjudication order. The delay in lodging the appeal was explained by the applicant's attempt to seek rescission, which was not responded to by the Ombud. The court held that condonation should be granted in the interests of justice, as the applicant faced significant prejudice from the adjudication order. On the merits, the court determined that the first respondent, acting solely under a power of attorney and not as an owner or materially affected party, lacked locus st…
Club Kerkira (Pty) Limited v Trustees of Club Kerkira Body Corporate and Others (D11451/2021) [2024] ZAKZDHC 40; 2025 (3) SA 488 (KZD) (4 June 2024)
Court
Kwazulu-Natal High Court, Durban
Case number
D11451/2021
Judge
Olsen
The High Court held that a CSOS adjudicator may not delegate core decision-making to an auditor, upheld condonation, set aside the award, and remitted the dispute.
Harry's Tyres (Pty) Ltd v Symes N.O and Others (T801/2019; CIV APP FB 10/23) [2024] ZANWHC 27 (14 February 2024)
Court
North West High Court, Mafikeng
Case number
T801/2019; CIV APP FB 10/23
Judge
M S Moagi
The High Court granted an urgent stay of execution pending a condonation application and appeal, finding the applicant would face substantial prejudice if execution proceeded.
Wessie v S (CA 08/2022) [2023] ZANWHC 88 (22 June 2023)
Court
North West High Court, Mafikeng
Case number
CA 08/2022
Judges
Djaje, Petersen
The Regional Magistrate failed to comply with the peremptory provisions of section 93ter(1)(a) of the Magistrates Court Act 32 of 1944 by not appointing assessors and not affording the appellant an opportunity to waive his right to be tried with assessors before pleading to the charge of murder. This omission constitutes a fatal misdirection and gross irregularity, rendering the trial unfair and the court improperly constituted. The authorities from the Supreme Court of Appeal and other divisions are clear that such non-compliance vitiates the proceedings, and the conviction and sentence must…
Bombela Operating Company (Pty) Ltd v Sadiphiri Transport Services CC (A3104/2021) [2023] ZAGPJHC 463 (12 May 2023)
Court
South Gauteng High Court, Johannesburg
Case number
A3104/2021
Judges
B.E. Leech, R Strydom
The High Court granted condonation, upheld the appeal, and set aside a magistrates’ court damages award after finding no proved acceptance of repudiation or damages.
Ncala v Park Avenue Body Corporate (A3029/2019) [2023] ZAGPJHC 390 (28 April 2023)
Court
South Gauteng High Court, Johannesburg
Case number
A3029/2019
Judges
T Ossin, MMP Mdalana-Mayisela
The court held that it does not have a general power to condone non-compliance with the statutory time period for appeals under section 57(2) of the Community Scheme Ombud Service Act, nor does section 57(2) contain an implied power to condone late appeals. The appellant failed to provide a satisfactory explanation for the delay in seeking condonation and did not demonstrate reasonable prospects of success on the merits. The relief sought by the appellant, including declarations of constitutional infringements and orders for reasonable accommodation, was found to be incompetent under the Act,…