South Africa Case Law

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C33/2021)

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C33/2021) [2025] ZALCCT 53 (11 July 2025)

Court

Labour Court Cape Town

Case number

C33/2021

Judge

C May

The applicant failed to comply with the relevant rules and practice manual, resulting in the application being deemed withdrawn. No reasonable or acceptable explanation was provided for the significant delays in filing the record and the reinstatement application. The court found the delay to be flagrant and unjustified, and the absence of explanation was fatal to the application. Even considering the interests of justice and the importance of the matter, the court determined that there were no prospects of success on review. The arbitrator's award of protected promotion was found to be lawfu…

Source excerpt

• Condonation
• Unfair Labour Practice
• Protected Promotion
• Delay In Filing
• Prospects Of Success

Magxala v Department of Health, Northern Cape and Others (C127/2022)

Magxala v Department of Health, Northern Cape and Others (C127/2022) [2025] ZALCCT 9 (5 February 2025)

Court

Labour Court Cape Town

Case number

C127/2022

Judge

Lagrange

The court found that the applicant's delay in filing the review application was extremely excessive, being twelve and seven times longer than the statutory period permitted. The explanation provided was wholly inadequate, lacking meaningful detail regarding the steps taken to obtain the award, the actions of her attorneys, and the periods of inaction. The personal circumstances cited, including illness and bereavement, were not supported by evidence of incapacity to work or inability to act, and did not account for the entire period of delay. The court held that in the absence of a full and r…

Source excerpt

• Condonation
• Unfair Labour Practice
• Promotion
• Review Of Arbitration Award
• Delay In Filing
• Prospects Of Success

Ivasen v Zeda Car Leasing (Pty) Ltd t/a Avis Fleet (JS 430/21)

Ivasen v Zeda Car Leasing (Pty) Ltd t/a Avis Fleet (JS 430/21) [2024] ZALCJHB 215 (31 May 2024)

Court

Labour Court Johannesburg

Case number

JS430/21

Judge

Whittington

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect that another court would reach a different result.

• Leave To Appeal
• Condonation
• Jurisdiction
• Delay In Filing
• Leave-to-appeal
• Labour-court

Ntikinca v Commission For Conciliation and Others (C202/2019)

Ntikinca v Commission For Conciliation and Others (C202/2019) [2024] ZALCCT 7 (9 February 2024)

Court

Labour Court Cape Town

Case number

C202/2019

Judge

Rabkin-Naicker

The Labour Court reinstated a review application after accepting the applicant’s explanation for delay and finding that the interests of justice favoured hearing the review.

• Condonation
• Reinstatement Of Review
• Good Cause
• Delay In Filing
• Prospects Of Success
• Labour-law

Num obo Gogomo v Greymo Construction CC (C192/2020)

Num obo Gogomo v Greymo Construction CC (C192/2020) [2023] ZALCCT 13 (11 April 2023)

Court

Labour Court Cape Town

Case number

C192/2020

Judge

Rabkin-Naicker

The Labour Court dismissed an application for condonation after finding no adequate explanation for a lengthy filing delay and no basis to overlook the default.

• Condonation For Late Referral
• Jurisdiction Of Bargaining Council
• Unprotected Work Stoppage
• Prejudice
• Delay In Filing
• Labour Court Rules

South African Municipal Workers Union obo Molaolwa v Sol Plaatje Municipality (JS 646/20)

South African Municipal Workers Union obo Molaolwa v Sol Plaatje Municipality (JS 646/20) [2022] ZALCJHB 284 (10 October 2022)

Court

Labour Court Johannesburg

Case number

JS 646/20

Judge

NP Voyi

The Labour Court dismissed SAMWU’s application for leave to appeal against refusal of condonation for a late statement of claim, finding no reasonable prospects of success.

• Condonation
• Unfair Dismissal
• Prospects Of Success
• Delay In Filing
• Practice Manual Compliance
• Labour-law

National Director of Public Prosecutions v Wessels and Another (11862/2021)

National Director of Public Prosecutions v Wessels and Another (11862/2021) [2022] ZAGPPHC 665 (2 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

11862/2021

Judge

Neukircher

The High Court refused condonation for a 25-month late leave to appeal application and, in any event, found no prospects of success on appeal.

• Condonation
• Leave To Appeal
• Delay In Filing
• Prospects Of Success
• Finality Of Litigation
• Leave-to-appeal

Padayachee v South African Police Service and Others (JR 881/20)

Padayachee v South African Police Service and Others (JR 881/20) [2022] ZALCJHB 130 (27 May 2022)

Court

Labour Court Johannesburg

Case number

JR 881/20

Judge

Van Niekerk

The Labour Court dismissed a review and condonation application after finding the applicant gave no substantive explanation for a 780-day delay.

• Condonation
• Unfair Dismissal
• Review Of Arbitration Award
• Practice Manual
• Delay In Filing
• Late-filing

Mguni v Transnet Freight Rail and Others (PR142/16)

Mguni v Transnet Freight Rail and Others (PR142/16) [2022] ZALCPE 4 (8 March 2022)

Court

Labour Court Port Elizabeth

Case number

PR142/16

Judge

Lallie

The Labour Court dismissed a condonation application for a late review of an arbitration award, finding the explanation for a two-year delay inadequate.

• Condonation
• Review Of Arbitration Award
• Unfair Dismissal
• Prospects Of Success
• Delay In Filing
• Labour-law

Choene v Johannesburg Metropolitan Bus Services (SOC) Ltd and Others (JR796/2017)

Choene v Johannesburg Metropolitan Bus Services (SOC) Ltd and Others (JR796/2017) [2021] ZALCJHB 400 (2 November 2021)

Court

Labour Court Johannesburg

Case number

JR796/2017

Judge

Van Niekerk

The Labour Court refused condonation for a late review of an arbitration award and dismissed the review, finding the delay unexplained and prospects limited.

• Condonation
• Review Of Arbitration Award
• Unfair Dismissal
• Material Irregularity
• Delay In Filing
• Review-of-arbitration-award