South Africa Case Law

Department of Higher Education and Training and Another v Dladla (JS240/2022)

Department of Higher Education and Training and Another v Dladla (JS240/2022) [2025] ZALCJHB 339 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JS240/2022

Judge

Riaz Itzkin

The court found that although the explanation for the delay in both delivering the statement of response and launching the condonation application was imperfect and included periods that were unaccounted for, the delay was not so flagrant and gross as to justify refusing condonation without considering the merits. The applicants demonstrated sufficient prospects of success in opposing the main claim, as the salary disparities were not caused by them but were a result of historical employment conditions and subsequent transfer, with standardization and partial back-pay having occurred. The int…

Source excerpt

• Condonation
• Unfair Discrimination
• Employment Equity Act
• Delay Explanation
• Prospects Of Success

Likgale v Statutory Council for Printing Industry and Others (C747/2021)

Likgale v Statutory Council for Printing Industry and Others (C747/2021) [2025] ZALCCT 44 (4 July 2025)

Court

Labour Court Cape Town

Case number

C747/2021

Judge

Venter

The Labour Court reinstated a review application after finding good cause for delay, where record problems and legal representation issues hindered compliance.

• Condonation
• Practice Manual Compliance
• Reinstatement Of Review
• Delay Explanation
• Prospects Of Success
• Reinstatement-of-review

National Union of Metalworkers of South Africa v Metal and Engineering Industries Bargaining Council and Others (Reasons) (JR 1390/20)

National Union of Metalworkers of South Africa v Metal and Engineering Industries Bargaining Council and Others (Reasons) (JR 1390/20) [2025] ZALCJHB 286 (2 April 2025)

Court

Labour Court Johannesburg

Case number

JR1390/20

Judge

M. T. M. Phehane

The Labour Court dismissed a revival application and ordered the applicants’ attorney to pay costs de bonis propriis for non-compliance and delay.

• Condonation
• Review Application
• Practice Manual Compliance
• Delay Explanation
• Costs De Bonis Propriis
• Labour-court-review-applications

Whitefield Property Management v Body Corporate of Pearls (2021/58947)

Whitefield Property Management v Body Corporate of Pearls (2021/58947) [2025] ZAGPJHC 599 (11 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/58947

Judge

H Barnes

The High Court refused condonation for late compliance with the Institution of Legal Proceedings Act, rejected a late supplementary affidavit, and dismissed the application with costs.

• Condonation
• Institution Of Legal Proceedings Act
• Late Filing
• Prospects Of Success
• Delay Explanation
• Institution-of-legal-proceedings-act

Malepe and Others v Mega Volt Loden Electrical (Pty) Ltd (JA42/23)

Malepe and Others v Mega Volt Loden Electrical (Pty) Ltd (JA42/23) [2025] ZALAC 6 (4 February 2025)

Court

Labour Appeal Court

Case number

JA42/23

Judges

Molahleli, Musi, Jolwana

The Labour Appeal Court found that the Labour Court failed to exercise its discretion judicially in dismissing the condonation application. The Labour Court did not properly engage with the explanation for the delay, which was largely attributable to procedural confusion and contradictory rulings at the CCMA, nor did it evaluate the appellants' prospects of success or the interests of justice. The delay was not due to inactivity or negligence by the appellants but was compounded by the actions of the CCMA, NBCEI, and legal representatives. The Court held that the interests of justice, includi…

Source excerpt

• Automatic Unfair Dismissal
• Condonation Application
• Section 197 Transfer
• Section 187 Lra
• Delay Explanation
• Prospects Of Success

Ehlanzeni Tvet College v PSA obo Ramolefe and Others (JR726/22)

Ehlanzeni Tvet College v PSA obo Ramolefe and Others (JR726/22) [2025] ZALCJHB 8 (17 January 2025)

Court

Labour Court Johannesburg

Case number

JR726/22

Judge

C Orr

The Labour Court reinstated a review application deemed withdrawn after a late record filing, finding the delay sufficiently explained and the applicant’s prospects and prejudice favoured relief.

• Condonation
• Practice Manual Clauses
• Reinstatement Of Review
• Delay Explanation
• Prejudice
• Prospects Of Success

San Parks v Hospersa obo Nkwinika and Others (JR812/22)

San Parks v Hospersa obo Nkwinika and Others (JR812/22) [2024] ZALCJHB 279 (12 July 2024)

Court

Labour Court Johannesburg

Case number

JR812/22

Judge

Nxumalo

The Labour Court refused condonation for SANParks’ late review and supplementary affidavit, finding the delays unexplained and prospects of success weak.

• Condonation
• Review Of Arbitration Award
• Substantive Unfair Dismissal
• Prospects Of Success
• Delay Explanation
• Labour-review

Mayekiso v Jamodien and Others (C201/2017)

Mayekiso v Jamodien and Others (C201/2017) [2024] ZALCCT 31 (10 July 2024)

Court

Labour Court Cape Town

Case number

C201/2017

Judge

Leslie

The Labour Court refused to reinstate a lapsed review application because the applicant gave an incomplete and unsatisfactory explanation for a long delay.

• Condonation
• Practice Manual Provisions
• Reinstatement Of Review
• Delay Explanation
• Labour-law
• Reinstatement-of-review

Matjila v Milanzi NO and Others (JR 2130/2020)

Matjila v Milanzi NO and Others (JR 2130/2020) [2023] ZALCJHB 208 (19 July 2023)

Court

Labour Court Johannesburg

Case number

JR 2130/2020

Judge

Van Niekerk

The Labour Court refused condonation for a late leave-to-appeal application, finding the delay inadequately explained and prospects of success unproven.

• Condonation For Late Filing
• Review Of Arbitration Award
• Prospects Of Success
• Delay Explanation
• Condonation
• Late-filing

Uithaler v Minister of Police and Another (97/2021)

Uithaler v Minister of Police and Another (97/2021) [2022] ZAECQBHC 30 (6 September 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

97/2021

Judge

T. Zietsman

The High Court dismissed an application for leave to appeal against refusal of condonation under the Organs of State Act, finding no reasonable prospects of success.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Leave To Appeal
• Good Cause
• Delay Explanation
• Leave-to-appeal