South Africa Case Law

National Department of Public Works v Fani and 77 Others [Collectively referred to as Residents of Farm Greydel (Airport Park] and Another (090/2021)

National Department of Public Works v Fani and 77 Others [Collectively referred to as Residents of Farm Greydel (Airport Park] and Another (090/2021) [2024] ZASCA 43 (8 April 2024)

Court

Supreme Court of Appeal

Case number

090/2021

Judges

Schippers, Goosen, Kgoele, Baartman, Bloem

The Supreme Court of Appeal refused condonation for a lapsed appeal after a long, poorly explained delay in filing the record and heads of argument.

• Condonation
• Late Filing Of Record
• Unlawful Demolition
• Eviction Proceedings
• Prevention Of Illegal Eviction Act
• Lapsed-appeal

Digital Experience (Pty) Ltd v Veira and Others (JR 2167/19)

Digital Experience (Pty) Ltd v Veira and Others (JR 2167/19) [2023] ZALCJHB 335 (1 November 2023)

Court

Labour Court Johannesburg

Case number

JR 2167/19

Judge

Motshegare

The applicant failed to provide a full and reasonable explanation for the inordinate delay in filing the record and prosecuting the review application. The explanation offered was speculative, based on assumptions, and did not cover the entire period of delay. The applicant, as dominus litis, did not take the court into its confidence regarding the steps taken to progress the matter. In the absence of a reasonable and acceptable explanation, prospects of success and prejudice are immaterial. The interests of justice do not favour the reinstatement of the review application or the granting of…

Source excerpt

• Condonation
• Practice Manual
• Deemed Withdrawal
• Late Filing Of Record
• Reinstatement Of Review
• Section 145 Lra

Ndara v Acting National Commissioner for the Department of Correctional Services and Others (C149/2022)

Ndara v Acting National Commissioner for the Department of Correctional Services and Others (C149/2022) [2023] ZALCCT 9 (23 March 2023)

Court

Labour Court Cape Town

Case number

C149/2022

Judge

Lagrange

The Labour Court determined that, although no appeal is currently pending due to the late filing of the record, a condonation application is set to be heard imminently before the Labour Appeal Court. The applicant is entitled to enforce the judgment in the absence of a pending appeal. However, the court found that the respondents' right to seek condonation and the proximity of the hearing justified a temporary stay of execution to avoid unnecessary prejudice and litigation. The court rejected the argument that it lacked jurisdiction to stay execution, holding that section 151(2) of the LRA co…

Source excerpt

• Stay Of Execution
• Condonation Application
• Writ Of Execution
• Jurisdiction Of Labour Court
• Late Filing Of Record

Chairperson of the North West Gambling Board & Another v Sun International (SA) Limited (1214/2019)

Chairperson of the North West Gambling Board & Another v Sun International (SA) Limited (1214/2019) [2021] ZASCA 176 (14 December 2021)

Court

Supreme Court of Appeal

Case number

1214/2019

Judges

Van Der Merwe, Schippers, Mbatha, Phatshoane, Weiner

The SCA refused condonation for late filing of the appeal record and heads of argument, finding repeated, unexplained non-compliance with its Rules.

• Condonation
• Late Filing Of Record
• Reinstatement Of Appeal
• Gross Gaming Revenue
• Levy Calculation
• Appeal-procedure

PAWUSO obo Phalane v Northern Cape Tvet College and Others (JR 859/2018)

PAWUSO obo Phalane v Northern Cape Tvet College and Others (JR 859/2018) [2021] ZALCJHB 7 (19 February 2021)

Court

Labour Court Johannesburg

Case number

JR 859/2018

Judge

Van Niekerk

The Labour Court held that the review application was deemed withdrawn because the applicant failed to file the record timeously and did not obtain an extension.

• Practice Manual Compliance
• Review Application Withdrawal
• Condonation
• Late Filing Of Record
• Labour-law
• Review-applications

Sivhidzo v S (A304/2014)

Sivhidzo v S (A304/2014) [2018] ZAGPJHC 655 (4 December 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A304/2014

Judge

Mudau

The High Court held that it had jurisdiction to hear the criminal appeal and the condonation application, and condoned late service of heads of argument.

• Condonation
• Jurisdiction Of Full Court
• Criminal Appeal Procedure
• Late Filing Of Record
• Criminal-appeal-procedure
• Full-court-jurisdiction

Ralo v Transnet Port Terminals and Others

Ralo v Transnet Port Terminals and Others [2015] ZAECPEHC 68 (17 June 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

P136/2014

Judge

Van Niekerk

The Labour Court struck a review application from the roll after the applicant failed to file the record within the practice manual time limit.

• Practice Manual Compliance
• Condonation
• Late Filing Of Record
• Withdrawal Of Application
• Labour-law
• Judicial-review

Thompson v National Health laboratory services (JA 09/07)

Thompson v National Health laboratory services (JA 09/07) [2009] ZALAC 11 (18 September 2009)

Court

Labour Appeal Court

Case number

JA 09/07

Judges

S Khampepe, M Leeuw, K Ndlovu

The Labour Appeal Court dismissed a defective condonation application for late filing of the appeal record, citing non-compliance with the rules and no proper explanation.

• Condonation
• Late Filing Of Record
• Unfair Dismissal
• Employee Definition
• Prospects Of Success
• Late-filing-of-record

Xaba v Portnet Limited (DA20/98)

Xaba v Portnet Limited (DA20/98) [1999] ZALAC 39 (19 October 1999)

Court

Labour Appeal Court

Case number

DA20/98

Judges

RMM Zondo, C R Nicholson, M T Mogoeng

Appeal dismissed. The Labour Appeal Court held that the industrial court lacked jurisdiction and granted condonation for procedural delays.

• Jurisdiction Of Industrial Court
• Condonation
• Late Filing Of Record
• Automatic Right Of Appeal
• Interpretation Of Court Rules
• Labour-law

Ferreira v Ntshingila (552/87)

Ferreira v Ntshingila (552/87) [1989] ZASCA 149; [1990] 2 All SA 47 (A) (21 November 1989)

Court

Supreme Court of Appeal

Case number

552/87

Judges

Hefer, Nestadt, Friedman

The Court found that the appellant and his attorney had been grossly negligent in prosecuting the appeal, with repeated and unexplained delays in noting the appeal, filing the record, and furnishing security. The explanations provided were neither full nor satisfactory, and the appellant himself was not blameless, having disregarded warnings from his attorney. The Court emphasized that the interests of finality for the respondent and the flagrant non-compliance with procedural rules outweighed any prospects of success on appeal. Accordingly, the applications for condonation were dismissed wit…

Source excerpt

• Condonation
• Late Noting Of Appeal
• Late Filing Of Record
• Security For Costs
• Attorney Negligence