Saliwa v MEC for Local Goverment and Traditional Affairs and Others (2244/2010) [2018] ZAECMHC 22 (8 May 2018)
Court
Eastern Cape High Court, Mthatha
Case number
2244/2010
Judge
V K Kunju
The court dismissed an application to declare an appeal lapsed, holding that rule 49(6)(a) applies only after a proper notice of appeal has been delivered.
Sweetnam v Department of Water Affairs and Forestry (WT23/02/09) [2009] ZAWT 15 (6 January 2009)
Court
Water Tribunal
Case number
WT23/02/09
Judges
L.J Lekale, W Singo, AS Hadebe, A.S Makhanya
The Water Tribunal granted condonation for a 13-day late appeal, finding the delay mostly due to legal representatives and no apparent prejudice to the respondent.
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…