South Africa Case Law

Chubb Electronic Security SA (Pty) Ltd v Mokoena; In re: Mokoena v Chubb Electronic Security SA (Pty) Ltd and Others (JR2033/11)

Chubb Electronic Security SA (Pty) Ltd v Mokoena; In re: Mokoena v Chubb Electronic Security SA (Pty) Ltd and Others (JR2033/11) [2016] ZALCJHB 140 (1 March 2016)

Court

Labour Court Johannesburg

Case number

JR2033/11

Judge

NP Voyi

The Labour Court dismissed a review for undue delay, finding no satisfactory explanation for the late prosecution and awarding costs against the applicant.

• Dismissal For Delay
• Review Of Arbitration Award
• Condonation
• Costs Award
• Dismissal-for-delay
• Labour-review-procedure

Snyman En Vennote (JHB) (Pty) Ltd v Majolica Pottery (Venda) (Pty) Ltd (25792/93)

Snyman En Vennote (JHB) (Pty) Ltd v Majolica Pottery (Venda) (Pty) Ltd (25792/93) [2014] ZAGPPHC 555 (11 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

25792/93

Judge

BAM

The court found that although the delay in prosecuting the matter was substantial and some prejudice to the applicant was evident, the respondent's claim was not frivolous or vexatious, and there was no clear abuse of court process. The applicant's difficulties, while significant, did not justify depriving the respondent of its right to proceed. The discretion to dismiss for delay should be exercised only in exceptional circumstances, which were not present in this case. Accordingly, the application to dismiss was refused.

Source excerpt

• Dismissal For Delay
• Abuse Of Process
• Prejudice
• Discretion Of Court

Utility Economics CC v Commission for Conciliation Mediation and Arbitration and Others (JR2531/10)

Utility Economics CC v Commission for Conciliation Mediation and Arbitration and Others (JR2531/10) [2013] ZALCJHB 103 (21 May 2013)

Court

Labour Court Johannesburg

Case number

JR2531/10

Judge

Steenkamp

The Labour Court dismissed an employer’s stale review for two years of inaction, made the CCMA award an order of court, and ordered costs.

• Review Of Arbitration Award
• Dismissal For Delay
• Costs Award
• Ccma Procedure
• Labour-law
• Ccma-review

Malimabe v Morake (A50/2005)

Malimabe v Morake (A50/2005) [2007] ZAFSHC 150 (13 December 2007)

Court

Free State High Court, Bloemfontein

Case number

A50/2005

Judges

Beckley R, Mocumie WND R

A High Court appeal about Magistrates’ Court Rule 27(5) was dismissed because the dismissal application was brought long after the 15-day period had expired.

• Rule 27 5 Application
• Dismissal For Delay
• Costs Order
• Civil-procedure
• Magistrates-court-rules
• Dismissal-for-delay