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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 27

Road Accident Fund v De Bruin (46276/2020)

Road Accident Fund v De Bruin (46276/2020) [2025] ZAGPPHC 27 (14 January 2025)

The High Court refused condonation for a late application for leave to appeal, finding the seven-month delay inadequately explained and no reasonable prospects of success.

  • Condonation
  • Late Filing Of Appeal
  • Prospects Of Success
  • Punitive Costs
  • Late-filing-of-appeal
  • Prospects-of-success
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Criminal Law [2024] ZANWHC 273

Femel v S (CA37/2017)

Femel v S (CA37/2017) [2024] ZANWHC 273 (5 November 2024)

The High Court dismissed a criminal appellant’s condonation application for late filing of an appeal, finding the delay inadequately explained and prospects of success unaddressed.

  • Condonation
  • Late Filing Of Appeal
  • Prospects Of Success
  • Explanation For Delay
  • Late-filing-of-appeal
  • Criminal-appeal
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Civil Procedure [2024] ZAKZPHC 72

Joubert v Drotsky (AR9/2023)

Joubert v Drotsky (AR9/2023) [2024] ZAKZPHC 72 (30 August 2024)

The appellant failed to provide a full and satisfactory explanation for the year-long delay in filing her notice of appeal. Her affidavit was vague, omitted key dates, and did not account for the entire period. The explanation regarding attempts to raise funds was insufficient and unsupported by detail. Furthermore, her prospects of success were poor, as she did not discharge the onus of proving the payment was a gift, and her arguments regarding the Afrikaans statement and procedural irregularity were unfounded. The affidavit supporting condonation was improperly commissioned by her own coun…

  • Condonation
  • Late Filing Of Appeal
  • Finality Of Litigation
  • Onus Of Proof
  • Commissioner Of Oaths Regulation
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Civil Procedure [2024] ZANWHC 279

Motaung v Minister of Police (CIP APP RC1/22)

Motaung v Minister of Police (CIP APP RC1/22) [2024] ZANWHC 279 (11 July 2024)

The High Court struck the appeal off the roll because it was noted late and no condonation application was filed for non-compliance with the rules.

  • Condonation
  • Magistrates Court Rules
  • Late Filing Of Appeal
  • Procedural Compliance
  • Late-noting-of-appeal
  • Magistrates-court-rules
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Criminal Law [2023] ZAFSHC 424

Faba v S (A128/2009)

Faba v S (A128/2009) [2023] ZAFSHC 424 (31 October 2023)

The High Court dismissed an application to condone late prosecution of a criminal appeal and struck the appeal off the roll for excessive delay.

  • Condonation
  • Late Filing Of Appeal
  • Identification Evidence
  • Prospects Of Success
  • Single Witness Testimony
  • Late-appeal
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Administrative Law [2023] ZAGPPHC 2

Blue Water Creek Homeowners Association v Kanniah and Others (A96/2020)

Blue Water Creek Homeowners Association v Kanniah and Others (A96/2020) [2023] ZAGPPHC 2 (9 January 2023)

The High Court struck a late CSOS appeal from the roll, enforced the adjudication order as a court order, and awarded attorney-and-client costs.

  • Community Schemes Ombud Service Act
  • Late Filing Of Appeal
  • Enforcement Of Adjudication Order
  • Condonation
  • Judicial Review
  • Costs On Attorney And Client Scale
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Civil Procedure [2021] ZAECGHC 27

Minister of Police v PJ ; PJ v Minister of Police (CA308/2019)

Minister of Police v PJ ; PJ v Minister of Police (CA308/2019) [2021] ZAECGHC 27 (16 March 2021)

The High Court granted condonation for the Minister’s late appeal and the respondent’s late replying affidavit, finding acceptable explanation and reasonable prospects.

  • Condonation
  • Late Filing Of Appeal
  • Prospects Of Success
  • Quantum Of Damages
  • Unlawful Search
  • Wrongful Arrest And Detention
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Civil Procedure [2019] ZASCA 171

Zwane NO and Another v Pretorius (399/2018)

Zwane NO and Another v Pretorius (399/2018) [2019] ZASCA 171 (29 November 2019)

The Supreme Court of Appeal dismissed a condonation application for a late appeal, finding the delay inadequately explained and no prospects of success.

  • Condonation
  • Late Filing Of Appeal
  • Oral Agreement
  • Ownership Of Property
  • Prospects Of Success
  • Late-filing-of-appeal
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Civil Procedure [2019] ZAMPMHC 23

De Sausa v Van Huyssteen Architects (A3/2017)

De Sausa v Van Huyssteen Architects (A3/2017) [2019] ZAMPMHC 23 (28 November 2019)

The High Court dismissed a condonation application for a late civil appeal, finding the appellant’s delay unexplained, inadequately supported, and non-compliant with appeal rules.

  • Condonation
  • Late Filing Of Appeal
  • Magistrates Court Rules
  • Uniform Rules Of Court
  • Late-appeal
  • Magistrates-court-appeals
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Criminal Law [2017] ZASCA 162

Mathibela v S (714/2017)

Mathibela v S (714/2017) [2017] ZASCA 162 (27 November 2017)

The Supreme Court of Appeal dismissed a condonation application to reinstate a lapsed criminal appeal, finding the delay inadequately explained and the appeal hopeless.

  • Condonation
  • Late Filing Of Appeal
  • Single Witness Rule
  • Admissibility Of Evidence
  • Search And Seizure
  • Criminal-appeal
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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.