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South Africa decisions
Decisions matching the current search
Dunster v South African Broadcasting Corporation (SOC) Limited (JS627/21) [2024] ZALCJHB 214 (31 May 2024)
The Labour Court granted the respondent condonation for the late filing of its statement of response and made no costs order.
Oosthuizen v Member of the Executive Council: Department of Education, North West and Others (JS204/2021) [2023] ZALCJHB 142 (17 May 2023)
The Labour Court refused condonation for a late statement of response, finding the explanation inadequate, unsupported by evidence, and silent on prospects of success.
ABSA Bank Ltd v Ndziba N.O and Others In re ABSA Bank Ltd v Ndziba N.O and Others (13189/2014) [2022] ZAGPPHC 692 (8 September 2022)
The court found that the applicant's declaration was filed 13 months after the prescribed period in Rule 20, without any application for condonation. The absence of a formal notice of bar by the respondents did not excuse the applicant's non-compliance, as Rule 27 requires condonation for late filing regardless of whether the other party serves a notice of bar. The court held that the late filing constituted an irregular step and that the application for default judgment was not properly before the court. Both parties were found to have engaged in procedural non-compliances, and the court det…
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Mudzwiri v Fidelity Security Services (Pty) Ltd (JS801/2018) [2021] ZALCJHB 352 (14 October 2021)
The Labour Court granted condonation for Fidelity Security Services’ late filing of its statement of response, finding a satisfactory explanation, arguable prospects, and no unfair prejudice.
Premier Valves (Pty) Ltd v Mckie (JS 491/18) [2020] ZALCJHB 127 (8 August 2020)
The Labour Court granted condonation for a late Statement of Response, but ordered the applicant to pay costs, including wasted costs from a postponement.
King Edward VII School v Jackson (JS739/13) [2014] ZALCJHB 198 (3 June 2014)
The court found that the applicant's delay in filing its statement of response was negligible and that a reasonable and acceptable explanation was provided, given the constraints faced in convening the School Governing Body. The applicant demonstrated bona fide prospects of success in defending the respondent's claim, which required interpretation of the contract of employment. The respondent suffered no prejudice as he remained employed, and the interests of justice favored granting condonation. The court was satisfied that all reasonable attempts were made to serve the condonation applicati…
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Joni and Others v Servest (Pty) Ltd t/a FICA Quality Cleaning Services (C833/05) [2011] ZALCCT 19 (16 August 2011)
Labour Court dismissed a late condonation application for a respondent’s statement of response, finding no proper explanation, no prospects addressed, and excessive delay.
Minister of Social Development v Veldhuizen (JR 1884/07) [2009] ZALC 98 (22 September 2009)
The Labour Court refused condonation for the late filing of a response, finding the Minister offered no reasonable explanation for the delay.
Van Tonder v Padongelukfonds (5438/2008) [2008] ZAFSHC 70 (18 September 2008)
Court granted condonation for a late reply in a damages action, finding a reasonable explanation and a defence with prospects of success.
Sishana v SABC (JS758/01) [2001] ZALC 127 (15 August 2001)
The Labour Court condoned SABC’s late response, allowed it to defend, and ordered the applicant to amend his statement of case. No costs were awarded.
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