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South Africa Case Law

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Family And Children [2025] ZAECMHC 23

T.B v Government Employee Pension Fund and Others (CA 645/2015)

T.B v Government Employee Pension Fund and Others (CA 645/2015) [2025] ZAECMHC 23 (18 March 2025)

The High Court refused condonation and reinstatement of a late appeal, finding the delay inordinate and the explanations insufficient. The appeal had lapsed.

  • Condonation Of Late Appeal
  • Status Of Marriage
  • Customary Vs Civil Marriage
  • Proprietary Consequences Of Marriage
  • Appeal Lapsing
  • Reinstatement Of Appeal
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Criminal Law [2025] ZANWHC 18

Dick and Another v S (CA 45/2020)

Dick and Another v S (CA 45/2020) [2025] ZANWHC 18 (28 January 2025)

Appeal against rape, theft of motor vehicle convictions and life sentences dismissed; late filing condoned.

  • Rape
  • Minimum Sentencing
  • Identification Evidence
  • Single Witness
  • Condonation Of Late Appeal
  • Theft Of Motor Vehicle
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Administrative Law [2024] ZAKZDHC 93

Trustees of the Body Corporate of Sweetwaters v Chetty and Others (11936/23)

Trustees of the Body Corporate of Sweetwaters v Chetty and Others (11936/23) [2024] ZAKZDHC 93 (5 December 2024)

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…

  • Community Schemes Ombud Service Act
  • Locus Standi
  • Condonation Of Late Appeal
  • Adjudication Order
  • Authority To Lodge Dispute
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Family And Children [2024] ZAGPJHC 1069

M.E.M v L.N.M (A2023/070387)

M.E.M v L.N.M (A2023/070387) [2024] ZAGPJHC 1069 (22 October 2024)

The High Court refused condonation for a late appeal against a maintenance order, held the appeal had lapsed, and ordered the appellant to pay costs.

  • Maintenance Orders
  • Condonation Of Late Appeal
  • Substitution Of Maintenance
  • Child Support
  • Maintenance-orders
  • Condonation
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Land And Property [2024] ZAKZDHC 40

Club Kerkira (Pty) Limited v Trustees of Club Kerkira Body Corporate and Others (D11451/2021)

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)

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.

  • Community Schemes Ombud Service Act
  • Delegation Of Adjudicative Powers
  • Condonation Of Late Appeal
  • Sectional Titles Schemes Management Act
  • Community-schemes-ombud-service
  • Delegation-of-powers
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Civil Procedure [2024] ZANWHC 27

Harry's Tyres (Pty) Ltd v Symes N.O and Others (T801/2019; CIV APP FB 10/23)

Harry's Tyres (Pty) Ltd v Symes N.O and Others (T801/2019; CIV APP FB 10/23) [2024] ZANWHC 27 (14 February 2024)

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.

  • Stay Of Execution
  • Urgent Interdict
  • Condonation Of Late Appeal
  • Voidable Dispositions
  • Insolvency Act Section 29
  • Authority To Institute Proceedings
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Criminal Law [2023] ZAWCHC 216

Suleiman v S (A45/2023)

Suleiman v S (A45/2023) [2023] ZAWCHC 216 (15 August 2023)

Appeal dismissed against a rape conviction and life sentence for sexual penetration of a 14-year-old complainant at a mosque sleepover.

  • Sexual Offences Act
  • Rape Of Minor
  • Minimum Sentencing
  • Child Protection Register
  • Condonation Of Late Appeal
  • Rape-of-minor
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Criminal Law [2023] ZANWHC 88

Wessie v S (CA 08/2022)

Wessie v S (CA 08/2022) [2023] ZANWHC 88 (22 June 2023)

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…

  • Murder
  • Appointment Of Assessors
  • Fair Trial Rights
  • Gross Irregularity
  • Condonation Of Late Appeal
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Commercial And Corporate [2023] ZAGPJHC 463

Bombela Operating Company (Pty) Ltd v Sadiphiri Transport Services CC (A3104/2021)

Bombela Operating Company (Pty) Ltd v Sadiphiri Transport Services CC (A3104/2021) [2023] ZAGPJHC 463 (12 May 2023)

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.

  • Contractual Damages
  • Repudiation
  • Condonation Of Late Appeal
  • Mitigation Of Loss
  • Specific Performance
  • Contractual-damages
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Civil Procedure [2023] ZAGPJHC 390

Ncala v Park Avenue Body Corporate (A3029/2019)

Ncala v Park Avenue Body Corporate (A3029/2019) [2023] ZAGPJHC 390 (28 April 2023)

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,…

  • Community Scheme Ombud Service Act
  • Condonation Of Late Appeal
  • Adjudicator Powers
  • Constitutional Rights In Property Disputes
  • Costs In Constitutional Litigation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.