South Africa Case Law

MEC for Sports Arts and Culture, Limpopo and Another v Dumela Development Forum and Others (1942/2019)

MEC for Sports Arts and Culture, Limpopo and Another v Dumela Development Forum and Others (1942/2019) [2025] ZALMPPHC 16 (3 February 2025)

Court

Limpopo High Court, Polokwane

Case number

1942/2019

Judge

M Bresler

The High Court granted condonation for the late filing of the applicants’ answering affidavit in a review, but ignored the respondent’s late answering affidavit.

• Condonation
• Late Filing Of Affidavit
• Notice To Abide
• Uniform Rules Of Court
• Late-filing-of-affidavit
• Notice-to-abide

Mokgalakwena Local Municipality v Mamoloko Contractors CC and Another (10222/2022)

Mokgalakwena Local Municipality v Mamoloko Contractors CC and Another (10222/2022) [2024] ZALMPPHC 125 (25 September 2024)

Court

Limpopo High Court, Polokwane

Case number

10222/2022

Judge

M Bresler

The court found that the Applicant had established bona fide grounds for rescission of the consent judgment, including evidence of prior settlement and payments, lack of authority by officials who consented to judgment, and a forensic report indicating that the amounts claimed were not due. The late answering affidavit was admitted as no substantial prejudice was shown. The satisfaction of the judgment rendered the pending appeals regarding suspension of execution moot. The interests of justice required that the judgment be rescinded to allow proper ventilation of the dispute, especially give…

Source excerpt

• Rescission Of Judgment
• Consent Judgment
• Justus Error
• Settlement Agreement
• Late Filing Of Affidavit

Hlano Financial Services (Pty) Ltd v Member of the Executive Council for Human Settlements, Free State (1150/2024)

Hlano Financial Services (Pty) Ltd v Member of the Executive Council for Human Settlements, Free State (1150/2024) [2024] ZAFSHC 264 (26 August 2024)

Court

Free State High Court, Bloemfontein

Case number

1150/2024

Judge

Cronje AJ

The court found that although the respondent's explanation for the delay was weak and did not account for every day, the reasons provided carried some weight. The respondent's delay was attributed to the hospitalisation of the State Attorney and the need to appoint senior counsel, as well as ongoing settlement negotiations. The respondent placed defences on record that were not frivolous or without prospect of success. The answering affidavit was filed not far beyond the agreed time. The interests of justice required that condonation be granted, but as the respondent sought the court's indulg…

Source excerpt

• Condonation
• Late Filing Of Affidavit
• Interests Of Justice
• Costs Order

Famous Brands Management Company (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR270/22)

Famous Brands Management Company (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR270/22) [2024] ZALCPE 24 (1 July 2024)

Court

Labour Court Port Elizabeth

Case number

PR270/22

Judge

Thys

The Labour Court refused condonation for a late answering affidavit, finding the delay was substantial and inadequately explained.

• Condonation
• Late Filing Of Affidavit
• Review Of Arbitration Award
• Labour Court Rules
• Late-filing-of-affidavit
• Labour-court-review

National Energy Regulator of South Africa and Another v Senwes Limited and Another (3995/2020)

National Energy Regulator of South Africa and Another v Senwes Limited and Another (3995/2020) [2024] ZAFSHC 173 (30 May 2024)

Court

Free State High Court, Bloemfontein

Case number

3995/2020

Judge

Loubser

The High Court granted condonation to NERSA and the Municipality for late answering affidavits in a review over municipal electricity tariffs.

• Condonation
• Late Filing Of Affidavit
• Review Proceedings
• Municipal Tariffs
• Electricity Charges
• Late-filing-of-affidavit

Mnisi v Nhlapho (2021/53980)

Mnisi v Nhlapho (2021/53980) [2024] ZAGPJHC 376 (16 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/53980

Judge

I. Green

The court held that condonation could be sought within the replying affidavit, granted condonation for the late filing, and allowed limited further affidavits on identified new matter.

• Condonation
• Late Filing Of Affidavit
• Rule 6 Procedure
• Striking Out Application
• Costs In The Cause
• Late-filing-of-affidavit

Aggrived Beneficiaries of Hwashi-Difagate Community Trust v Hwashi-Difagate Community Trust and Others (35050/2021)

Aggrived Beneficiaries of Hwashi-Difagate Community Trust v Hwashi-Difagate Community Trust and Others (35050/2021) [2023] ZAGPPHC 613 (1 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

35050/2021

Judge

J.S. Nyathi

The court found that the explanation for the delay in filing the answering affidavit was inadequate and unsatisfactory. The applicant failed to provide a reasonable and acceptable account of the causes of the delay, relying instead on the departure of a candidate attorney without proper substantiation or evidence of attempts to obtain a confirmatory affidavit. The court held that prospects of success are irrelevant in the absence of a proper explanation for the delay. The mishandling of the matter by the applicant’s attorneys could not excuse the non-compliance, and responsibility ultimately…

Source excerpt

• Condonation
• Late Filing Of Affidavit
• Power Of Attorney Defect
• Interests Of Justice
• Costs Order

Booking.com v National Consumer Commission and Another (NCT/262956/2023/73(2)(b))

Booking.com v National Consumer Commission and Another (NCT/262956/2023/73(2)(b)) [2023] ZANCT 23 (3 July 2023)

Court

National Consumer Tribunal

Case number

NCT/262956/2023/73(2)(b)

Judge

MC Peenze

The National Consumer Tribunal granted Booking.com condonation for the late filing of its answering affidavit, finding the delay minimal and in the interests of justice.

• Condonation
• Late Filing Of Affidavit
• Interests Of Justice
• Service Of Documents
• Late-filing-of-affidavit
• Service-of-documents

Minister of Department Of Rural Development And Land Reform and Others v Jacobs and Another (LCC19/2022)

Minister of Department Of Rural Development And Land Reform and Others v Jacobs and Another (LCC19/2022) [2023] ZALCC 5 (1 March 2023)

Court

Land Claims Court

Case number

LCC19/2022

Judge

N Muvangua

The Land Claims Court granted condonation for the late filing of an answering affidavit, but ordered the applicants to pay costs.

• Condonation
• Late Filing Of Affidavit
• Review Proceedings
• Costs Order
• Late-filing
• Review-proceedings

Minister of Department of Rural Development and Land Reform and Others v Poit and Others (LCC205/2021)

Minister of Department of Rural Development and Land Reform and Others v Poit and Others (LCC205/2021) [2023] ZALCC 1; (2023) 44 ILJ 761 (LAC) (6 January 2023)

Court

Land Claims Court

Case number

LCC205/2021

Judge

N Muvangua

The Land Claims Court granted condonation for a late answering affidavit in a land claims review, but ordered the applicants to pay costs.

• Condonation
• Late Filing Of Affidavit
• Land Claims Review
• Administration Of Justice
• Late-filing
• Land-claims-court