South Africa Case Law

Parsons Transport Operations (Pty) Ltd v Mkansi and Others (JR2295/23)

Parsons Transport Operations (Pty) Ltd v Mkansi and Others (JR2295/23) [2025] ZALCJHB 71 (27 February 2025)

Court

Labour Court Johannesburg

Case number

JR2295/23

Judge

Milo

The Labour Court cannot determine the merits of a review application where the record of the arbitration proceedings is missing and material to the issues raised. The applicant has not taken all reasonable steps to obtain or reconstruct the record, but has made some attempts. Given the absence of opposition, lack of excessive delay, and the interests of justice, the appropriate course is to postpone the application sine die to allow the applicant further opportunity to address the missing record. Dismissal at this stage would be inappropriate as it may unjustly saddle the applicant with an ar…

Source excerpt

• Review Of Arbitration Award
• Record Of Proceedings
• Gross Irregularity
• Collective Agreement Compliance
• Postponement Of Application

Sibiloane v POPCRU (J1314/22)

Sibiloane v POPCRU (J1314/22) [2024] ZALCJHB 372 (18 September 2024)

Court

Labour Court Johannesburg

Case number

J1314/22

Judge

Martin

The Labour Court postponed an urgent application sine die because the papers were incomplete and the matter was not ripe for hearing.

• Employment Status
• Specific Performance
• Declaratory Relief
• Quantification Of Claim
• Postponement Of Application
• Labour-law

Kabi v Kabi (Born Mofana) (4727/2023)

Kabi v Kabi (Born Mofana) (4727/2023) [2024] ZAFSHC 60 (26 February 2024)

Court

Free State High Court, Bloemfontein

Case number

4727/2023

Judge

Van Zyl

The court removed a contempt application from the roll, set deadlines for further affidavits and condonation, and made costs orders for the January hearings.

• Contempt Of Court
• Costs Award
• Postponement Of Application
• Condonation Application
• Contempt-of-court
• Costs-order

ABSA Bank v Van Zyl (M644/2022)

ABSA Bank v Van Zyl (M644/2022) [2023] ZANWHC 152 (29 August 2023)

Court

North West High Court, Mafikeng

Case number

M644/2022

Judge

A Reddy

The court struck ABSA’s application from the roll for being enrolled contrary to an existing postponement order, and ordered ABSA to pay costs.

• Postponement Of Application
• Rule 41
• Rule 6 5 F
• Irregular Step
• Costs Order
• Civil-procedure

Business Partners Limited v Securo Traders (Pty) Ltd and Others (31039/2019)

Business Partners Limited v Securo Traders (Pty) Ltd and Others (31039/2019) [2020] ZAGPJHC 427 (1 December 2020)

Court

South Gauteng High Court, Johannesburg

Case number

31039/2019

Judge

S Cowen

The High Court postponed a summary judgment application because the fourth respondent’s proposed security depended on a pending property transfer and was not yet satisfactory.

• Summary Judgment
• Suretyship
• Mortgage Bond Enforcement
• Rule 32 Security
• Postponement Of Application
• Summary-judgment

Browns Airside v Airports Company of South Africa and Others (99521/15)

Browns Airside v Airports Company of South Africa and Others (99521/15) [2016] ZAGPPHC 909 (18 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

99521/15

Judge

S K Hassim

The court postponed an interdict application because a necessary party, Shimansky, had not been properly joined. Browns Airside was ordered to pay wasted costs.

• Joinder Of Necessary Parties
• Interdict
• Review Of Tender Award
• Mandamus
• Postponement Of Application
• Joinder-of-necessary-parties

N.T v M.R and Another (1817/2016)

N.T v M.R and Another (1817/2016) [2016] ZAECMHC 32 (21 June 2016)

Court

Eastern Cape High Court, Mthatha

Case number

1817/2016

Judge

S M Mbenenge

The High Court postponed a burial dispute to let the applicant secure legal representation and extended the rule nisi. The court noted no settlement had been reached.

• Burial Rights
• Dispute Between Parents
• Postponement Of Application
• Rule Nisi Extension
• Burial-rights
• Postponement

Van Staden N.O. v Opperman and Others (478/2014)

Van Staden N.O. v Opperman and Others (478/2014) [2015] ZANCHC 23 (24 July 2015)

Court

Northern Cape High Court, Kimberley

Case number

478/2014

Judge

S L Erasmus

Eviction proceedings were struck from the roll because related ownership litigation had to be finalised first. Costs for the hearing were reserved.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Postponement Of Application
• Eviction-procedure
• Unlawful-occupation

CCMA, LLC v Royal Limpopo Resources (Pty) Ltd (29448/13)

CCMA, LLC v Royal Limpopo Resources (Pty) Ltd (29448/13) [2014] ZAGPPHC 221 (7 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

29448/13

Judge

BAM

The court postponed a winding-up application sine die after learning the respondent had initiated business rescue proceedings and was not yet shown to be non-compliant with section 131.

• Business Rescue
• Winding Up
• Section 131 Companies Act
• Postponement Of Application
• Business-rescue
• Winding-up

Ex parte: Smith (991/12)

Ex parte: Smith (991/12) [2013] ZANWHC 26 (7 March 2013)

Court

North West High Court, Mafikeng

Case number

991/12

Judge

A A Landman

The High Court refused a postponement in a voluntary surrender application and struck the matter from the roll with costs, citing procedural default and lack of benefit to creditors.

• Voluntary Surrender Of Estate
• Postponement Of Application
• Creditor Intervention
• Voluntary-surrender-of-estate
• Postponement-of-application
• Creditor-intervention