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South Africa decisions
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Chiloane v Commission for Conciliation Mediation and Arbitration and Others (JR945/24) [2025] ZALCJHB 346 (6 August 2025)
The Labour Court dismissed an unopposed condonation application for a late review, finding a 16-month delay was inadequately explained and no prospects of success were shown.
Zakhe v DHL Supply Chain SA (Pty) Ltd and Another (PR542021) [2024] ZALCPE 10 (18 March 2024)
The Labour Court refused condonation for a late review application, finding the delay excessive and the applicant’s explanation wholly inadequate.
Council for Medical Schemes v Commission for Conciliation Mediation and Arbitration and Others (JR754/20) [2024] ZALCJHB 114 (29 February 2024)
The Labour Court dismissed a condonation application for a late review, finding a three-year delay unexplained, with costs awarded against the applicant.
Mphephu v Commission of Conciliation Mediation and Arbitration Limpopo Province and Others (JR 1809-2021) [2024] ZALCJHB 55 (20 February 2024)
The court found that the delay in filing the review application was extraordinarily long, being almost a year late. The applicant's explanation for the delay was vague, incomplete, and included periods of unexplained inactivity. The court determined that the applicant had misrepresented the impact of COVID-19 lockdown regulations, as there were no restrictions on movement during the relevant period. This misrepresentation undermined the credibility of his explanation. The authorities cited establish that condonation should not be granted where there is a gross delay and inadequate explanation…
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Kariki Pipeline and Water Project (Pty)Ltd v Rand Water Board and Another (2017/0027774) [2022] ZAGPJHC 1005 (9 December 2022)
The High Court dismissed leave to appeal, holding there were no reasonable prospects of success against refusal of an amendment to a review application.
Kariki Pipeline and Water Project (PTY) LTD v Rand Water Board and Another (2017/0027774) [2022] ZAGPJHC 999 (9 December 2022)
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The review application was filed outside the 180-day period prescribed by PAJA, and no application for extension was made under section 9. The applicant's concession regarding late filing was binding, and the absence of an extension application rendered the review application fatally defective. Furthermore, the proposed amendment to introduce a damages claim was incompetent, as public law review and private law damages claims are mutually exclusive. The court held that another court would not c…
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Welcome v MEC for Department of Education Eastern Cape Province and Others (PR 141/2020) [2022] ZALCPE 41 (8 December 2022)
The Labour Court refused leave to appeal, finding no reasonable prospect of success and no other compelling reason to hear the appeal.
Mmuonurukom v Minister of Home Affairs and Another (11599/2019) [2022] ZAGPPHC 682 (19 September 2022)
The High Court dismissed an asylum seeker’s late review and condonation application, finding the PAJA review time-barred and the delay inadequately explained.
Makulala v Markos Bros (Pty) Ltd t/a Witfield Spar and Others (JR 441/2021) [2022] ZALCJHB 38 (8 March 2022)
The Labour Court refused leave to appeal against dismissal of a review, holding the review was filed late without condonation and had no prospects of success.
Motseto v Minister of Police and Others (JR 134/2019) [2021] ZALCJHB 193 (23 July 2021)
The Labour Court dismissed condonation for a late review application, finding the almost six-week delay materially late and the explanation wholly inadequate.
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