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South Africa Case Law

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Civil Procedure [2024] ZANWHC 309

Sugarberry Trading 239 CC t/a Degs Cellular v Mobile Telephone Networks (Pty) Ltd (1503/2021)

Sugarberry Trading 239 CC t/a Degs Cellular v Mobile Telephone Networks (Pty) Ltd (1503/2021) [2024] ZANWHC 309 (31 December 2024)

Court
North West High Court, Mafikeng
Case number
1503/2021
Judge
Mfenyana

The court found that the interpretation of Rule 6(5)(b)(iii)(aa) as applied by the previous court was not sustainable. Specifically, the inclusion of founding affidavits for summary judgment applications within the ambit of Rule 6(5)(b)(iii)(aa) would lead to an absurd result, effectively preventing the filing of summary judgment applications between 21 December and 7 January each year. The court held that Rule 32 is a self-contained provision and that the applicant's arguments regarding the misapplication of Rule 6(5)(b)(iii)(aa) have merit. Furthermore, the court determined that there are r…

Source excerpt

  • Leave To Appeal
  • Interpretation Of Court Rules
  • Summary Judgment
  • Dies Non
  • Condonation
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Civil Procedure [2023] ZANWHC 3

Mobile Telephone Networks (PTY) LTD v Sugarberry Trading 239 CC (1503/2021)

Mobile Telephone Networks (PTY) LTD v Sugarberry Trading 239 CC (1503/2021) [2023] ZANWHC 3 (19 January 2023)

Court
North West High Court, Mafikeng
Case number
1503/2021
Judge
K Mongale

The court dismissed a Rule 30 challenge to a summary judgment application, holding that dies non under Rule 6 applied and no prejudice was shown.

  • Summary Judgment
  • Rule 30 Irregular Step
  • Condonation
  • Dies Non
  • Interpretation Of Court Rules
  • Summary-judgment
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Labour Law [1999] ZALAC 39

Xaba v Portnet Limited (DA20/98)

Xaba v Portnet Limited (DA20/98) [1999] ZALAC 39 (19 October 1999)

Court
Labour Appeal Court
Case number
DA20/98
Judges
RMM Zondo, C R Nicholson, M T Mogoeng

Appeal dismissed. The Labour Appeal Court held that the industrial court lacked jurisdiction and granted condonation for procedural delays.

  • Jurisdiction Of Industrial Court
  • Condonation
  • Late Filing Of Record
  • Automatic Right Of Appeal
  • Interpretation Of Court Rules
  • Labour-law
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.