South Africa Case Law

City of Johannesburg Metropolitan Municipality v Manyetsa (5796/2022)

City of Johannesburg Metropolitan Municipality v Manyetsa (5796/2022) [2025] ZAGPJHC 533 (23 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

5796/2022

Judge

N Ntlama-Makhanya

The court found that the applicant's reasons for the late filing of the notice of leave to appeal—namely internal consultative processes, non-availability of counsel, and administrative error—were not reasonable or sufficient to constitute good cause under Rule 27(3). The applicant, as an organ of state, is expected to maintain efficient administrative processes and comply with prescribed timeframes. The delay, although not excessive in duration, was not justified by the explanations provided. The court held that the internal processes and administrative error did not absolve the applicant fr…

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• Condonation
• Rule 27 Uniform Rules
• Late Filing
• Leave To Appeal
• Good Cause
• Judicial Discretion

NAD Property Income Fund (Pty) Ltd and Another v Tivane and Others (2692/2022)

NAD Property Income Fund (Pty) Ltd and Another v Tivane and Others (2692/2022) [2025] ZAMPMBHC 37 (12 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2692/2022

Judge

H F Fourie

The High Court refused to uplift an interim interdict stopping a petrol filling station pending review and ordered attorney-and-client costs against the respondents.

• Interim Interdict
• Review Application
• Good Cause
• Case Management
• Attorney And Client Costs
• Interim-interdict

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020)

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020) [2025] ZAMPMBHC 33 (23 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2905/2020

Judge

H F Fourie

The High Court dismissed an application for condonation for late statutory notice against a provincial health department, finding no good cause for a seven-year delay.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Statutory Notice
• Good Cause
• Prejudice
• Delay In Application

Ingqwele Consulting and Projects Management (Pty) Ltd v Cummins South Africa (Pty) Ltd (27880/2022)

Ingqwele Consulting and Projects Management (Pty) Ltd v Cummins South Africa (Pty) Ltd (27880/2022) [2025] ZAGPPHC 293 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

27880/2022

Judge

Geach

The court held that the respondent's notice of bar was premature, as it was served immediately after the dismissal of the applicant's exception without allowing the applicant the twenty-day period to plead as contemplated by Rule 22(1). The rules do not provide for immediate barring in such circumstances, and the notice of bar should only be served after the time to plead has elapsed post-dismissal. The applicant's failure to respond within five days to an illegitimate notice of bar does not constitute a delay requiring explanation. The applicant's plea and counterclaims, though delivered bel…

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• Uplifting Of Bar
• Default Judgment
• Notice Of Bar
• Good Cause
• Rule 26
• Rule 27

Kosi v Minister of Police (Appeal) (CA 17/2024)

Kosi v Minister of Police (Appeal) (CA 17/2024) [2025] ZAECBHC 6 (4 March 2025)

Court

Eastern Cape High Court, Bhisho

Case number

CA 17/2024

Judges

A.S Zono, JGA Laing

The court found that the appellant, as a lay and unsophisticated person, provided a reasonable and sufficient explanation for the delay in serving the statutory notice required under section 3(1)(a) of Act 40 of 2002. The appellant only became aware of the legal requirement after consulting an attorney, and the delay was limited to four months, with no prejudice to the respondent. The court held that the explanation for delay must be assessed in light of the appellant's lack of legal knowledge and sophistication. Furthermore, the appellant demonstrated good prospects of success in the main ac…

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• Condonation Of Late Notice
• Unlawful Arrest
• Institution Of Legal Proceedings Against Organs Of State
• Prospects Of Success
• Good Cause
• Burden Of Justification

Minister of Police v Mogorogo N.O (2242/19)

Minister of Police v Mogorogo N.O (2242/19) [2025] ZANWHC 41 (21 February 2025)

Court

North West High Court, Mafikeng

Case number

2242/19

Judge

WESSELS

The High Court dismissed the State’s application to uplift a notice of bar, finding no good cause, no bona fide defence, and inadequate explanation for delay.

• Condonation
• Notice Of Bar
• Good Cause
• Default Judgment
• Litis Contestatio
• Notice-of-bar

Ndaba v Minister of Police and Another (A137/23)

Ndaba v Minister of Police and Another (A137/23) [2025] ZAGPPHC 135 (14 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

A137/23

Judges

NP Mngqibisa-Thusi, C Collis, A Millar

The High Court upheld an appeal and granted condonation for failure to serve statutory notice on the provincial police commissioner, finding no prejudice.

• Institution Of Civil Proceedings Against Organs Of State Act
• Condonation
• Notice Requirements
• Prescription
• Good Cause
• Prejudice To State

Mokoena v Minister of Police and Another (816/2022)

Mokoena v Minister of Police and Another (816/2022) [2024] ZAFSHC 344 (7 November 2024)

Court

Free State High Court, Bloemfontein

Case number

816/2022

Judge

Hefer AJ

The High Court granted condonation for late notice under the Organs of State Act, finding good cause, no unreasonable prejudice, and awarding no costs.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notification
• Good Cause
• Unreasonable Prejudice
• Late-notice

Municipal Employees Pension Fund v Ntabankulu Local Municipality (11262/2022)

Municipal Employees Pension Fund v Ntabankulu Local Municipality (11262/2022) [2024] ZAGPJHC 1001 (7 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

11262/2022

Judge

Mahalelo

The High Court dismissed MEPF’s application to rescind a default judgment, holding that service was proper, the judgment was not erroneously granted, and no good cause was shown.

• Rescission Of Judgment
• Uniform Rule 42
• Default Judgment
• Good Cause
• Service Of Process
• Rescission-of-judgment

Orical Environmental Services (Pty) Ltd v Maimane N.O (JR2190/23)

Orical Environmental Services (Pty) Ltd v Maimane N.O (JR2190/23) [2024] ZALCJHB 392 (4 October 2024)

Court

Labour Court Johannesburg

Case number

JR 2190/23

Judge

P Naidoo

The commissioner failed to apply his mind to all relevant factors in the rescission application, considering only the explanation for default and disregarding the applicant's prospects of success in defending the unfair dismissal claim. This constitutes a material misdirection. The Labour Court, having access to the full record, found that the applicant demonstrated both an intention to defend the dispute and a bona fide defence. No reasonable decision maker would have refused rescission in these circumstances. The rescission ruling is therefore reviewed and set aside, and substituted with an…

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• Rescission Of Award
• Default Judgment
• Unfair Dismissal
• Good Cause
• Review Under Section 158
• Prospects Of Success