South Africa Case Law

Gugushe v Commission for Conciliation, Mediation and Arbitration and Others (JR1831/16)

Gugushe v Commission for Conciliation, Mediation and Arbitration and Others (JR1831/16) [2025] ZALCJHB 276 (9 May 2025)

Court

Labour Court Johannesburg

Case number

JR1831/16

Judge

M T M Phehane

The applicant failed to provide a full, accurate, and satisfactory explanation for the five-year delay in prosecuting his review application and for non-compliance with the Rules and Practice Manual. His reasons were found to be hollow and unconvincing, and the delay was egregious. The applicant did not demonstrate prospects of success in the underlying review application, nor did he contest the respondent's allegations. The prejudice to the respondent, including the incomplete record and the need to reconstruct proceedings from ten years prior, was significant. The ethos of the Labour Relati…

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• Condonation
• Review Of Arbitration Award
• Practice Manual Compliance
• Delay In Prosecution
• Unfair Dismissal

Sasria SOC v TUHF Limited (2023/046891)

Sasria SOC v TUHF Limited (2023/046891) [2024] ZAGPJHC 1296 (23 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/046891

Judge

Adams

The court found that the respondent's delay in prosecuting the action was inordinate, unexplained, and inexcusable. The respondent failed to take any substantive steps to advance the litigation for over four years, did not produce expert reports, and did not engage in pre-trial procedures. The explanation provided by the respondent for the delay was vague and insufficient. The delay has caused significant prejudice to the applicant, as the passage of time has rendered it impossible to secure reliable witnesses and evidence, thereby making a fair trial unattainable. The court concluded that th…

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• Dismissal For Want Of Prosecution
• Delay In Prosecution
• Abuse Of Process
• Prejudice To Defendant

Overnight Logistics (Pty) Ltd v National Bargaining Council For Road Freight and Logistics Industry and Others (JR12/16)

Overnight Logistics (Pty) Ltd v National Bargaining Council For Road Freight and Logistics Industry and Others (JR12/16) [2024] ZALCJHB 375 (23 September 2024)

Court

Labour Court Johannesburg

Case number

JR12/16

Judge

L. Dave

The Labour Court dismissed an application to revive a lapsed review, finding the applicant failed to explain long delays or serve the record on the respondent.

• Review Of Arbitration Award
• Practice Manual Compliance
• Condonation
• Delay In Prosecution
• Costs In Labour Disputes
• Labour-law

Nobre and Another v A Barndard No Trustee and Others (2023/083050)

Nobre and Another v A Barndard No Trustee and Others (2023/083050) [2024] ZAGPJHC 784 (20 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/083050

Judge

Fisher

The High Court refused to dismiss an old section 38 Companies Act action, finding the delay not inexcusable and the prejudice insufficient to bar trial.

• Vexatious Litigation
• Abuse Of Process
• Section 38 Companies Act
• Delay In Prosecution
• Security For Costs
• Abuse-of-process

Magazi and Others v Mobile Telephone Networks (Pty) Ltd - Application For Leave To Appeal (JS696/19)

Magazi and Others v Mobile Telephone Networks (Pty) Ltd - Application For Leave To Appeal (JS696/19) [2024] ZALCJHB 252 (21 June 2024)

Court

Labour Court Johannesburg

Case number

JS696/19

Judge

M Makhura

The Labour Court refused leave to appeal over a dismissed retrieval application, finding no reasonable prospects of success and no basis to revisit jurisdiction.

• Unfair Dismissal
• Jurisdiction Of Labour Court
• Delay In Prosecution
• Leave To Appeal
• Practice Manual
• Ccma Referral

SATAWU obo Kanana v Transnet Freight Rail (PR169/16)

SATAWU obo Kanana v Transnet Freight Rail (PR169/16) [2024] ZALCPE 20 (7 June 2024)

Court

Labour Court Port Elizabeth

Case number

PR 169/16

Judge

Tlhotlhalemaje

The Labour Court dismissed a condonation and reinstatement application because SATAWU gave no reasonable explanation for years of delay in prosecuting its review.

• Condonation
• Review Of Arbitration Award
• Practice Manual Compliance
• Delay In Prosecution
• Archiving Of Review Application
• Labour-law

Moodley v Atlantis Foundries (Pty) Ltd (C129/2021)

Moodley v Atlantis Foundries (Pty) Ltd (C129/2021) [2024] ZALCCT 21 (3 June 2024)

Court

Labour Court Cape Town

Case number

C129/2021

Judge

Rabkin-Naicker

The Labour Court dismissed an application to reinstate an unfair dismissal claim, finding the long delay unexplained and the prospects of success inadequately pleaded.

• Condonation
• Unfair Dismissal
• Delay In Prosecution
• Prospects Of Success
• Unfair-dismissal
• Delay-in-prosecution

Nzuza and Others v National Director of Public Prosecutions and Others (70192/17)

Nzuza and Others v National Director of Public Prosecutions and Others (70192/17) [2024] ZAGPJHC 335 (15 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

70192/17

Judge

Mlambo JP

The court found that it had jurisdiction over the matter as the NDPP and NPA are based within its area. The applicants failed to prosecute their review application expeditiously, remaining inactive for over six years without any explanation, which constituted an abuse of court process and prejudiced the administration of justice. The court held that such conduct warranted dismissal of the application. On the merits, the NDPP's refusal to review and set aside the DPP's decision to prosecute was rationally connected to the information before him, including evidence from multiple witnesses and c…

Source excerpt

• Principle Of Legality
• Prosecutorial Independence
• Abuse Of Process
• Delay In Prosecution
• Jurisdiction Of High Court

Lungisa Switchgears and Transformers (Pty) Limited and Others v Sasfin Bank Limited (40511/2018)

Lungisa Switchgears and Transformers (Pty) Limited and Others v Sasfin Bank Limited (40511/2018) [2023] ZAGPJHC 409 (2 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

40511/2018

Judge

A W Pullinger

The court found that the applicants failed to provide a reasonable and acceptable explanation for their default and the substantial delay in launching the rescission application. The evidence showed that the applicants abandoned litigation to their attorneys and only acted after execution steps were taken. The alleged defences of fraudulent misrepresentation and disproportionate penalty were not supported by cogent evidence, and the applicants had elected to abide by the agreements. Issues of authority and locus standi were either abandoned or raised belatedly and lacked merit. The applicants…

Source excerpt

• Rescission Of Default Judgment
• Condonation
• Fraudulent Misrepresentation
• Conventional Penalties Act
• Ostensible Authority
• Delay In Prosecution

Moloto v Department of Infrastructure Development and Others (JR 1825/2018)

Moloto v Department of Infrastructure Development and Others (JR 1825/2018) [2023] ZALCJHB 91; (2023) 44 ILJ 1765 (LC) (21 April 2023)

Court

Labour Court Johannesburg

Case number

JR 1825/2018

Judge

Lagrange

The Labour Court dismissed a Rule 11 application to dismiss a review for delay, but strongly criticised the Department’s unexplained inactivity and awarded punitive costs.

• Rule 11 Dismissal
• Review Of Arbitration Award
• Delay In Prosecution
• Condonation
• Costs Orders
• Rule-11-dismissal