South Africa Case Law

City of Johannesburg Metropolitan Municipality v Mayetsa (5796/2022)

City of Johannesburg Metropolitan Municipality v Mayetsa (5796/2022) [2025] ZAGPJHC 233 (5 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

5796/2022

Judge

N Ntlama-Makhanya

The applicant failed to provide a satisfactory and credible explanation for the delay in filing its plea, relying solely on an administrative error and attempting to apportion negligence to the defendant without substantiation. The court found that the delay was self-inflicted and not justified by sound reasons. The interests of justice, as required by Rule 27(3) and constitutional principles, were not served by granting condonation in these circumstances. The applicant's conduct demonstrated a lack of urgency and bona fides, and the prejudice to the defendant was not adequately addressed. Ac…

Source excerpt

• Condonation
• Rule 27 Uniform Rules
• Late Filing Of Plea
• Interests Of Justice
• Apportionment Of Negligence

Absa Bank Ltd v Ndziba N.O and Others (13189/2014)

Absa Bank Ltd v Ndziba N.O and Others (13189/2014) [2024] ZAGPPHC 1174 (14 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

13189/2014

Judge

S. Potterill

The High Court refused condonation for Absa’s late declaration filing, held the earlier order struck out the respondents’ plea and special plea, and made no costs order.

• Condonation
• Striking Out Of Defence
• Late Filing Of Plea
• Rule 30 Application
• Rule-30
• Striking-out-defence

MEC for Provincial Department of Infrastructure Development v Pro-Plan Consulting Engineers (Pty) Ltd (2023/050619)

MEC for Provincial Department of Infrastructure Development v Pro-Plan Consulting Engineers (Pty) Ltd (2023/050619) [2024] ZAGPJHC 590 (24 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/050619

Judge

Maenetje

The High Court granted condonation, lifted the bar, and allowed the State to file a late plea, finding a reasonable explanation and a bona fide defence.

• Condonation
• Lifting Of Bar
• Late Filing Of Plea
• Default Judgment
• Arbitration Clause
• Lifting-of-bar

Suchit v Majorie's Trading Enterprises CC and Others (7011/2016)

Suchit v Majorie's Trading Enterprises CC and Others (7011/2016) [2019] ZAKZDHC 13 (12 August 2019)

Court

Kwazulu-Natal High Court, Durban

Case number

7011/2016

Judge

Topping

Condonation for late filing of a plea was refused because the court found the explanation inadequate and was not satisfied the defence was bona fide.

• Condonation
• Late Filing Of Plea
• Notice Of Bar
• Default Judgment
• Bona Fide Defence
• Late-filing-of-plea

Business Partners Limited v Noordkaap Hardware (Pty) Ltd and Others (1886/2017)

Business Partners Limited v Noordkaap Hardware (Pty) Ltd and Others (1886/2017) [2019] ZANCHC 48 (10 May 2019)

Court

Northern Cape High Court, Kimberley

Case number

1886/2017

Judge

BM Pakati

The court granted condonation for the late filing of a plea after email service of a notice of bar went to junk mail, and ordered plea filing within five court days.

• Condonation
• Notice Of Bar
• Late Filing Of Plea
• Uniform Rules Of Court
• Costs Award
• Notice-of-bar

Soweto Structural Steel Engineering (Pty) Ltd v Trade Property Ventures No 14 CC (A3071/2018)

Soweto Structural Steel Engineering (Pty) Ltd v Trade Property Ventures No 14 CC (A3071/2018) [2018] ZAGPJHC 609 (29 October 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A3071/2018

Judges

Twala, Matsemala

The High Court dismissed an appeal against condonation for late filing of a plea and counterclaim, holding the magistrate acted judicially and the order was not appealable.

• Condonation
• Late Filing Of Plea
• Upliftment Of Bar
• Interlocutory Applications
• Late-filing
• Interlocutory-appeals

POPCRU Group of Companies (pty) Ltd v Mahlase and Another (JA90/14)

POPCRU Group of Companies (pty) Ltd v Mahlase and Another (JA90/14) [2015] ZALAC 113 (20 August 2015)

Court

Labour Appeal Court

Case number

JA90/14

Judges

Waglay, Ndlovu, Makgoka

The Labour Appeal Court granted condonation for a late statement of defence, holding that the appellant had a reasonable explanation and a bona fide defence.

• Condonation
• Late Filing Of Plea
• Section 197 Transfer
• Breach Of Employment Contract
• Onus Of Proof
• Late-filing

4 Aces New and Used Spares CC v PA Cargo (14210/2014)

4 Aces New and Used Spares CC v PA Cargo (14210/2014) [2015] ZAGPPHC 998 (24 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

14210/2014

Judge

N M Mavundla

The court found that the applicant failed to provide a satisfactory and reasonable explanation for the entire period of delay in filing its plea and notice of intention to defend. The explanation offered was limited to the mishap with the email address regarding the notice of bar, but no explanation was provided for the initial delay after service of summons. Furthermore, the founding affidavit supporting the condonation application was defective, as it was not properly commissioned, lacking the required place and date of attestation. The applicant's conduct and that of its attorneys reflecte…

Source excerpt

• Condonation
• Notice Of Bar
• Late Filing Of Plea
• Uniform Rules Of Court
• Affidavit Defects