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South Africa decisions
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Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23) [2025] ZALCJHB 337 (6 August 2025)
The Labour Court dismissed an application for condonation after finding the applicant’s delay in filing the statement of case was excessive and inadequately explained.
Nadasen v Laragh Courseware (Pty) Ltd (C14/25) [2025] ZALCCT 57 (22 July 2025)
The Labour Court granted condonation for the late filing of an unfair dismissal referral and heads of argument, finding the delay short and the explanation reasonable.
Brooks v Trustee of the Hillcrest Country and Others (D5081/2023) [2025] ZAKZDHC 48 (21 July 2025)
The applicant failed to lodge his complaint within the prescribed period and did not apply for condonation for the late filing. The adjudicator's decision to dismiss the complaint was valid in law, as he was functus officio and lacked jurisdiction to consider the matter further. The grounds of appeal did not demonstrate a reasonable prospect of success, nor did they raise any compelling reason for the appeal to be heard. The principles set out in section 17(1) of the Superior Courts Act and relevant case law were not satisfied. Accordingly, leave to appeal must be refused.
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South African Clothing and Textile Workers Union (SACTWU) v House of Cleaning (Variation) (JS 78/22) [2025] ZALCJHB 253 (26 June 2025)
The Labour Court refused condonation for the respondent’s late statement of response, finding its reliance on clause 16 of the Practice Manual was not a reasonable explanation.
Braai Block (Pty) Ltd v National Consumer Commission (NCT-384960-2025-165 - Rule 34) [2025] ZANCT 32 (18 June 2025)
The Tribunal refused condonation for Braai Block (Pty) Ltd’s late rescission application, finding the delay excessive, unexplained, and lacking prospects of success.
Sibanye Still Water N.O and Others v Xinshe (M98/2022) [2025] ZANWHC 102 (17 June 2025)
The High Court held that a request for written reasons was filed late under Rule 49(1)(c) and could not be entertained without consent or condonation.
Stevens v Commission for Conciliation Mediation and Arbitration and Others (JR 772/22) [2025] ZALCJHB 208 (28 May 2025)
The court found that the applicant failed to provide a compelling, comprehensive, and convincing explanation for the delay in filing the review application. The applicant's reliance on intermediaries and alleged confusion regarding procedures did not constitute good cause, and the medical procedure cited was not a valid justification. The applicant did not take accountability for his lack of action, and the explanation did not cover every period of the delay. The authorities are clear that, in the absence of a satisfactory explanation, prospects of success are immaterial. The court further fo…
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City of Johannesburg Metropolitan Municipality v Manyetsa (5796/2022) [2025] ZAGPJHC 533 (23 May 2025)
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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Segami v Kumba Iron Ore (Shisen Mine) and Others (JR2333/21) [2025] ZALCJHB 197 (21 May 2025)
The Labour Court condoned the late filing of a review record and reinstated the review, finding the applicant explained the delays and acted diligently.
Selogilwe Building Contractors CC v MEC: Department of Co-Operative Governance, Human Settlements and Traditional Affairs: North-West and Another (1296/2018) [2025] ZANWHC 84 (13 May 2025)
The High Court dismissed an application to lift the bar and condone a very late replication, finding no good cause, weak explanations, and prejudice to the respondents.
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