South Africa Case Law

Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023)

Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023) [2025] ZASCA 117 (12 August 2025)

Court

Supreme Court of Appeal

Case number

1133/2023

Judges

Dambuza, Mbatha, Dolamo

The Supreme Court of Appeal held that ICASA has the discretion to condone late submissions of renewal notices for class broadcasting licences under s 19(2) of the Electronic Communications Act, as the six-month period is intended for ICASA’s administrative benefit. The court found that substantial compliance with the statutory purpose suffices and that ICASA should have considered Open Heaven’s late renewal notice, which was only 14 days out of time. Regarding the 2021 regulations, the court determined that the extension of licence validity from five to seven years applies to all class licenc…

Source excerpt

• Broadcasting Licence Renewal
• Retrospective Application Of Regulations
• Condonation Of Late Filing
• Statutory Interpretation
• Regulatory Discretion

Durban University of Technology v Commission for Conciliation, Mediation and Arbitration and Others (D553/2022)

Durban University of Technology v Commission for Conciliation, Mediation and Arbitration and Others (D553/2022) [2025] ZALCD 24 (23 July 2025)

Court

Labour Court Durban

Case number

D553/2022

Judge

K Allen-Yaman

The court found that the applicant failed to establish that the third respondent intentionally misrepresented his employment status. The evidence showed the misstatement was an error, not a deliberate act of dishonesty or perjury. The third respondent corrected the error when it was brought to his attention and did not contest the applicant's denial of his NEHAWU employment. The arbitrator's conclusion that the dismissal was substantively and procedurally unfair was reasonable. The applicant's challenge to the award of retrospective reinstatement and back pay was unfounded, as the amount awar…

Source excerpt

• Unfair Dismissal
• Condonation Of Late Filing
• Disciplinary Code Deviation
• Retrospective Reinstatement
• Costs Award
• Perjury Allegation

Pilisanani Trading Enterprise 50 CC v Information Regulator (South Africa) and Others (D1269/2022)

Pilisanani Trading Enterprise 50 CC v Information Regulator (South Africa) and Others (D1269/2022) [2025] ZAKZDHC 45 (16 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D1269/2022

Judge

Olsen

The court held that the Information Regulator's refusal to condone the late submission of the applicant's complaint was reasonable and not reviewable. The applicant failed to provide a full and persuasive explanation for the delay, particularly for the period after it became aware of the legislative requirements. The applicant's ignorance of the law, especially given its legal representation, was not a sufficient excuse. Furthermore, the request for access to records was fatally defective for failing to identify the underlying right to be exercised or protected, as required by PAIA. The Regul…

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• Condonation Of Late Filing
• Review Of Administrative Action
• Promotion Of Access To Information Act
• Failure To Exhaust Internal Remedies
• Unreasonableness
• Irrationality

K201711676 (Pty) Ltd t/a Nelgear v Mpangane (A042025)

K201711676 (Pty) Ltd t/a Nelgear v Mpangane (A042025) [2025] ZAMPMBHC 54 (17 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

A042025

Judges

Moleleki AJ, T.V Ratshibvumo

High Court appeal against dismissal of rescission of default judgment succeeded after the court found a weak default explanation but bona fide defences with prospects of success.

• Rescission Of Judgment
• Condonation Of Late Filing
• Default Judgment
• Bona Fide Defence
• Rescission-of-judgment
• Default-judgment

Minister of Justice and Correctional Services v POPCRU obo Basini (C323/2021)

Minister of Justice and Correctional Services v POPCRU obo Basini (C323/2021) [2025] ZALCCT 38 (5 June 2025)

Court

Labour Court Cape Town

Case number

C323/2021

Judge

R Lagrange

The Labour Court dismissed a review of an arbitration award holding that the OSD salary structure applied to a promoted correctional official.

• Collective Agreement Application
• Osd Salary Structure
• Condonation Of Late Filing
• Remuneration Dispute
• Arbitration Award
• Prescription

Rayal Industrial (Pty) Ltd v Khan (076126/2023)

Rayal Industrial (Pty) Ltd v Khan (076126/2023) [2025] ZAGPPHC 500 (13 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

076126/2023

Judge

Domingo, AJ

The court found that the respondent’s late answering affidavit should be condoned in the interests of justice, as the applicant was not severely prejudiced and had filed a replying affidavit. On the merits, the applicant established a prima facie claim for a liquidated amount exceeding R90 million, supported by unchallenged evidence of fraudulent misappropriation by the respondent. The respondent’s defence consisted of blanket denials and unsupported allegations regarding the applicant’s deponent, which were rejected for lack of evidence and credibility. The respondent admitted participation…

Source excerpt

• Provisional Sequestration
• Insolvency Act
• Creditor Claims
• Condonation Of Late Filing
• Fraudulent Misappropriation

Kutumela v CSG Resourcing (Pty) Ltd (JS559/24)

Kutumela v CSG Resourcing (Pty) Ltd (JS559/24) [2025] ZALCJHB 268 (7 May 2025)

Court

Labour Court Johannesburg

Case number

JS559/24

Judge

M T M Phehane

The Labour Court dismissed an unopposed default judgment application, granted condonation for the respondent’s late filing, and ordered a consolidation application to be brought.

• Dismissal For Operational Requirements
• Default Judgment
• Condonation Of Late Filing
• Case Consolidation
• Default-judgment
• Condonation

Civil and Power Generation Projects (Pty) Ltd v MHI Power ZAF (Pty) Ltd and Another (2023/079557)

Civil and Power Generation Projects (Pty) Ltd v MHI Power ZAF (Pty) Ltd and Another (2023/079557) [2025] ZAGPJHC 529 (6 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/079557

Judge

Crutchfield

The High Court dismissed a review of arbitration awards, held the arbitrator had jurisdiction over a counterclaim, and made the awards orders of court.

• Arbitration Act Review
• Arbitrator Jurisdiction
• Counterclaim In Arbitration
• Gross Irregularity
• Condonation Of Late Filing
• Arbitration-review

Nedbank Limited v Baba (6535/2024)

Nedbank Limited v Baba (6535/2024) [2025] ZAWCHC 176 (25 April 2025)

Court

Western Cape High Court, Cape Town

Case number

6535/2024

Judge

E Nel

The High Court granted Nedbank judgment against a surety for R15 million, finding no bona fide defence and rejecting postponement pending related litigation.

• Suretyship Liability
• Certificate Of Balance
• Condonation Of Late Filing
• Large Agreement Exclusion Nca
• Suretyship-liability
• Condonation-of-late-filing

Premier Eastern Cape Province v Mbananga (Application for Leave to Appeal) (PR265/22)

Premier Eastern Cape Province v Mbananga (Application for Leave to Appeal) (PR265/22) [2025] ZALCPE 7 (4 April 2025)

Court

Labour Court Port Elizabeth

Case number

PR265/22

Judge

M Makhura

The Labour Court granted condonation for a late leave-to-appeal application but dismissed the application, finding no prospects of success.

• Condonation Of Late Filing
• Leave To Appeal
• Review Application Delay
• Rule Of Law
• Condonation
• Leave-to-appeal