Van Der Vyver Transport (Pty) Ltd v Minister of Labour and Others (A128/2023; 5842/2020)
Van Der Vyver Transport (Pty) Ltd v Minister of Labour and Others (A128/2023; 5842/2020) [2024] ZAWCHC 62; [2024] 2 All SA 581 (WCC) (29 February 2024)
The majority held that the appellant's review application was fatally late, having been brought outside the 180-day period prescribed by PAJA, and that no proper application for condonation was made. The court found that the appellant failed to provide a full and reasonable explanation for the delay, with significant periods of inaction unexplained. Furthermore, the appellant did not exhaust the internal remedy under section 91 of COIDA, nor did it demonstrate exceptional circumstances justifying exemption. The majority concluded that the interests of justice did not warrant condonation, and…
Source excerpt
- Promotion Of Administrative Justice Act
- Failure To Exercise Discretion
- Condonation For Late Review
- Exhaustion Of Internal Remedies
- Compensation For Occupational Injuries And Diseases Act