South Africa Case Law

Road Accident Fund v Moeng

Road Accident Fund v Moeng [2023] ZAGPPHC 500; 91545/2016 (30 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

91545/2016

Judge

Makhoba

The court found that the defendant failed to provide a reasonable and acceptable explanation for the delay in bringing the rescission application, which was instituted eleven months after the order was granted. The internal administrative problems and cancellation of the panel of attorneys did not constitute good cause for condonation. The matter had already been delayed excessively, and further delay would prejudice the plaintiff and risk expert reports becoming stale. The defendant did not demonstrate any prospect of success should condonation be granted. Therefore, condonation was not in t…

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• Condonation
• Rescission Of Judgment
• Uniform Rules Of Court Rule 42
• Delay In Litigation

Janse van Rensburg and Others v WAD Holdings (Pty) Ltd and Others (29458/2022)

Janse van Rensburg and Others v WAD Holdings (Pty) Ltd and Others (29458/2022) [2022] ZAGPPHC 974 (5 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

29458/2022

Judge

N Davis

The court found that the urgency relied upon by the applicants was entirely self-created, arising from their own dilatory conduct in prosecuting multiple actions, arbitrations, and applications over several years. The applicants failed to advance their litigation with diligence, and the imminent sale of shares was a foreseeable event that could have been addressed earlier. The court held that there were no compelling interests of justice, such as fraud or collusion, to justify indulgence of the urgent application. The applicants' repeated changes of position and procedural manoeuvres amounted…

Source excerpt

• Self Created Urgency
• Interdict Pendente Lite
• Costs Award
• Share Sale Dispute
• Actio Pauliana
• Delay In Litigation

Intercape Ferreira Mainliner (Pty) Ltd v South Africa Road Passenger and Others (C46/2016)

Intercape Ferreira Mainliner (Pty) Ltd v South Africa Road Passenger and Others (C46/2016) [2020] ZALCCT 10 (7 May 2020)

Court

Labour Court Cape Town

Case number

C46/2016

Judge

Rabkin-Naicker

The Labour Court granted dismissal of a review application after finding excessive delay, an inadequate explanation, and a failure to reconstruct an incomplete record.

• Review Proceedings
• Condonation
• Practice Manual Compliance
• Delay In Litigation
• Record Reconstruction
• Labour-review-procedure

Mabuza v South Africal Local Government Bargaining Council and Others (JR421/2018)

Mabuza v South Africal Local Government Bargaining Council and Others (JR421/2018) [2020] ZALCJHB 17 (5 February 2020)

Court

Labour Court Johannesburg

Case number

JR421/2018

Judge

R Ramdaw

The applicant failed to provide a reasonable and acceptable explanation for the excessive delay of over four years in bringing the rescission application. The excuses offered, including the absence of a local office, death of a union representative, and financial constraints, were not sufficient. The applicant did not demonstrate prospects of success in the underlying unfair dismissal dispute, nor did he substantiate his defence. The Second Respondent correctly applied the legal test for condonation and rescission, and the ruling was not reviewable. The application for review and setting asid…

Source excerpt

• Condonation
• Rescission Of Arbitration Award
• Review Of Arbitration Award
• Unfair Dismissal
• Delay In Litigation

Simpson v Beaton NO and Others; In Re: Beaton NO and Another v Simpson and Others (32481/2015)

Simpson v Beaton NO and Others; In Re: Beaton NO and Another v Simpson and Others (32481/2015) [2018] ZAGPJHC 461 (5 July 2018)

Court

South Gauteng High Court, Johannesburg

Case number

32481/2015

Judge

Fisher

The High Court refused condonation for a late rescission application, finding that a 20-month delay was not fully or reasonably explained by trauma and depression.

• Rescission Of Judgment
• Condonation
• Delay In Litigation
• Default Judgment
• Rule 42 Uniform Rules
• Rescission-of-judgment

NUMSA and Others v Paint and Ladders (Pty) Ltd and Another (J4106/00)

NUMSA and Others v Paint and Ladders (Pty) Ltd and Another (J4106/00) [2016] ZALCJHB 127 (18 March 2016)

Court

Labour Court Johannesburg

Case number

J4106/00

Judge

Whitcher

The Labour Court dismissed a long-delayed unfair dismissal claim, finding the applicants failed to prosecute it timeously and diligently.

• Unfair Dismissal
• Retrenchment Dispute
• Want Of Prosecution
• Rule 11 Application
• Delay In Litigation
• Want-of-prosecution

Muller v Burger and Others (316/2014)

Muller v Burger and Others (316/2014) [2014] ZAFSHC 110 (7 August 2014)

Court

Free State High Court, Bloemfontein

Case number

316/2014

Judge

Kruger, R

The court found that the funds deposited in trust with the first respondent originated from the partnership and were intended to be held pending the resolution of disputes regarding partnership accounting and dissolution. The applicant voluntarily transferred the funds to the first respondent, who was acting for the other partners, and did not establish a clear entitlement to immediate payment. The ongoing High Court action regarding partnership accounting remains unresolved, and the applicant is not without remedy, as he can pursue the main action to finality. The court accepted the responde…

Source excerpt

• Trust Money Dispute
• Partnership Dissolution
• Costs Order
• Res Litigiosa
• Delay In Litigation

National Union of Metalworkers of South Africa and Another v Commissioner Van Staden NO and Others (C177/2006)

National Union of Metalworkers of South Africa and Another v Commissioner Van Staden NO and Others (C177/2006) [2010] ZALCCT 12 (12 March 2010)

Court

Labour Court Cape Town

Case number

C177/2006

Judge

KS Tip

The Labour Court refused condonation for a late review of a CCMA award, finding the explanation for over a year’s delay vague and unsatisfactory.

• Condonation
• Review Of Arbitration Award
• Procedural Fairness
• Unfair Dismissal
• Performance Management
• Delay In Litigation

Mmoledi v Motsepe and Others (JR235/02)

Mmoledi v Motsepe and Others (JR235/02) [2005] ZALC 63; [2005] 10 BLLR 979 (LC) (18 March 2005)

Court

Labour Court

Case number

JR235/02

Judge

E Revelas

Labour Court dismissed an application to rescind a prior judgment, finding no satisfactory explanation for the applicant’s absence and no basis to revisit the merits.

• Rescission Of Judgment
• Unfair Dismissal
• Default Award
• Delay In Litigation
• Costs Award
• Rescission-of-judgment