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South Africa Case Law

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Civil Procedure [2018] ZAECMHC 22

Saliwa v MEC for Local Goverment and Traditional Affairs and Others (2244/2010)

Saliwa v MEC for Local Goverment and Traditional Affairs and Others (2244/2010) [2018] ZAECMHC 22 (8 May 2018)

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.

  • Uniform Rules Of Court
  • Late Noting Of Appeal
  • Condonation
  • Costs Award
  • Civil-procedure
  • Appeals
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Administrative Law [2009] ZAWT 15

Sweetnam v Department of Water Affairs and Forestry (WT23/02/09)

Sweetnam v Department of Water Affairs and Forestry (WT23/02/09) [2009] ZAWT 15 (6 January 2009)

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.

  • Condonation
  • Late Noting Of Appeal
  • National Water Act
  • Prospects Of Success
  • Balance Of Convenience
  • Late-noting-of-appeal
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Civil Procedure [1989] ZASCA 149

Ferreira v Ntshingila (552/87)

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

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…

  • Condonation
  • Late Noting Of Appeal
  • Late Filing Of Record
  • Security For Costs
  • Attorney Negligence
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.