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South Africa decisions
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J.J.O.S v C.E.S (2019/38649) [2025] ZAGPJHC 224 (28 February 2025)
The High Court granted condonation for late filing of affidavits in a main application and counterapplication, but ordered the applicant to pay costs.
Wolhuter N.O. and Others v Mtetwa Investments (Pty) Ltd (4542/2023; 4543/2023) [2024] ZAFSHC 98 (4 April 2024)
The Free State High Court refused condonation for late replying affidavits, finding the delay unexplained and the affidavits to contain a new case in reply.
Lehumanego v Transnet Bargaining Council And Others (JR 2767/18) [2023] ZALCJHB 73 (17 February 2023)
The Labour Court reinstated a review deemed withdrawn for late filing of records, granted condonation for a late replying affidavit, and refused a late supplementary affidavit.
Ardnamurchan Estates (Pty) Limited v Renewables Cookhouse Wind Farms 1 (RF) (Pty) Ltd and Others (1408/2015) [2020] ZAECGHC 132; [2021] 1 All SA 829 (ECG) (1 December 2020)
The Court held that the Applicant, by delivering a replying affidavit to the answering affidavit, had taken a further step in the proceedings and thereby foregone its right to object to the late delivery of the answering affidavit. The delivery of affidavits out of time without condonation does not render them nullities if no prejudice is suffered and the interests of justice require their admission. The Court exercised its discretion to admit both the answering and replying affidavits, noting that all relevant documents were before it and the matter was ripe for hearing. The preliminary obje…
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Independent Examinations Board v Umalusi and Others (83440/19) [2020] ZAGPPHC 362 (14 July 2020)
The High Court refused Umalusi leave to file a further affidavit introducing a new fee rationalisation in a PAJA review, finding no exceptional circumstances.
Ngqushwa Municipality and Others v Economic Freedom Fighters and Others (446/2018) [2020] ZAECBHC 15 (17 June 2020)
The court condoned late answering affidavits in a municipal dispute, finding the defence arguable and the prejudice compensable by costs.
Ranamane v Law Society of the Northern Provinces (69007/2015) [2017] ZAGPPHC 845 (8 March 2017)
The High Court refused leave to appeal, holding that late affidavits were properly excluded for want of a proper explanation and application, and that no unfair-hearing error was shown.
Pangbourne Properties Ltd v Pulse Moving CC and Another (2009/30282, 2009/37649) [2010] ZAGPJHC 121; 2013 (3) SA 140 (GSJ) (19 November 2010)
The applicant was entitled to cancel the lease agreement forthwith upon non-payment of the deposit, as provided in the agreement. The deposit became due and payable on 1 July 2009 when the first cheque was dishonoured. The respondents' defences regarding the need for mora, the suspensive condition, and undue hardship were rejected. The court found that the late filing of affidavits did not prejudice either party and, in the interests of justice, admitted all affidavits. The applicant was entitled to claim damages for holding over after cancellation, and the deposit could be retained until all…
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Law Society of the Northern Provinces v Dykes and Others (32233/2008 , 77720/09) [2010] ZAGPPHC 556 (12 February 2010)
The High Court granted condonation for late answering affidavits in a striking-off application, but ordered the respondents to pay the condonation costs.
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