South Africa Case Law

Lion Match Company (Pty) Ltd v Commissioner, South African Revenue Service (1047/2023; 1067/2023)

Lion Match Company (Pty) Ltd v Commissioner, South African Revenue Service (1047/2023; 1067/2023) [2025] ZASCA 112 (28 July 2025)

Court

Supreme Court of Appeal

Case number

1047/2023; 1067/2023

Judges

Mokgohloa, Meyer, Matojane, Keightley, Norman

The Supreme Court of Appeal held that Lion Match failed to establish exceptional circumstances warranting reconsideration of the refusal of special leave to appeal. The application for postponement was not made timeously, and the explanation provided was vague and unsatisfactory. The withdrawal of legal representatives did not automatically justify a postponement, especially where the applicant failed to act promptly or provide adequate details. The Tax Court correctly refused the postponement and proceeded in the absence of the appellant, as permitted by rule 44(7) of the Tax Court Rules. Th…

Source excerpt

• Tax Administration Act
• Postponement Principles
• Capital Gains Tax
• Tax Court Rules
• Judicial Discretion
• Costs Orders

Special Investigating Unit v Solidarity obo Walser (JR1305/22)

Special Investigating Unit v Solidarity obo Walser (JR1305/22) [2025] ZALCJHB 310 (13 July 2025)

Court

Labour Court Johannesburg

Case number

JR1305/22

Judge

H Schensema

The Court found that the applicant failed to provide a compelling and comprehensive explanation for the delay in filing the review application, particularly for the period between 25 May 2022 and 6 June 2022. The reasons advanced, including miscommunication and email issues, were unsupported by evidence and did not cover the entire period of delay. The applicant’s inability to prepare for the arbitration was self-created, as it had ample opportunity to consult with its witnesses and legal representatives. The Commissioner’s refusal to grant a further postponement and to allow witnesses to rem…

Source excerpt

• Condonation
• Review Of Arbitration Award
• Unfair Labour Practice
• Postponement Principles
• Audi Alteram Partem

Van Niekerk v Road Accident Fund (293/2022)

Van Niekerk v Road Accident Fund (293/2022) [2025] ZAFSHC 127 (6 May 2025)

Court

Free State High Court, Bloemfontein

Case number

293/2022

Judge

JP Daffue

The court found that the defendant's application for postponement was procedurally defective, lacking both timeliness and substantive explanation. The defendant failed to act with diligence, having ample opportunity to amend its plea earlier. The court reaffirmed the common law principle that payment of medical expenses by a medical aid fund does not preclude a plaintiff from recovering those expenses from the wrongdoer. The court granted leave for evidence to be given on affidavit, as the defendant did not oppose the application. The plaintiff proved her entitlement to the claimed amount, le…

Source excerpt

• Road Accident Fund Act
• Medical Expenses Claim
• Apportionment Of Damages
• Postponement Principles

Legal Practice Council v Kleynhans (6160/24)

Legal Practice Council v Kleynhans (6160/24) [2024] ZAWCHC 196 (5 August 2024)

Court

Western Cape High Court, Cape Town

Case number

6160/24

Judge

A Montzinger

The court admitted a late supplementary affidavit and postponed a legal practitioner suspension application. It kept an earlier interdict in place pending LPC review of the audit report.

• Legal Practitioner Suspension
• Fidelity Fund Certificate
• Audit Report Noncompliance
• Postponement Principles
• Legal-practitioner-suspension
• Fidelity-fund-certificate

Mokoena v Magistrate Nekosie and Others (A05/2020)

Mokoena v Magistrate Nekosie and Others (A05/2020) [2024] ZAFSHC 253 (6 May 2024)

Court

Free State High Court, Bloemfontein

Case number

A05/2020

Judges

JP Daffue, TL Manye

The court found that the Regional Court has jurisdiction to adjudicate criminal offences, including those arising from alleged misrepresentations in employment contracts, and that the applicant's reliance on the Basic Conditions of Employment Act and cited cases was misplaced. The applicant failed to provide a bona fide and satisfactory explanation for his repeated requests for postponement, which were found to be tactical maneuvers to delay prosecution. The court held that the interests of justice and public interest required finality and that no further postponement should be granted. The r…

Source excerpt

• Jurisdiction Of Regional Court
• Exclusive Labour Court Jurisdiction
• Review Of Magistrate Decisions
• Postponement Principles
• Abuse Of Process
• Stalingrad Defence

Empact Group (Pty) Ltd v Du Toit and Others (PR 116/22)

Empact Group (Pty) Ltd v Du Toit and Others (PR 116/22) [2024] ZALCPE 6 (23 February 2024)

Court

Labour Court Port Elizabeth

Case number

PR 116/22

Judge

Norton

The Labour Court reinstated a late review, held the commissioner unreasonably refused a postponement, set aside the CCMA award, and ordered a de novo arbitration.

• Condonation For Late Filing
• Practice Manual Compliance
• Postponement Principles
• Review Of Arbitration Award
• Unfair Dismissal
• Condonation-for-late-filing

Fisher obo Mosadi v Road Accident Fund (2021/52640)

Fisher obo Mosadi v Road Accident Fund (2021/52640) [2023] ZAGPJHC 959 (18 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/52640

Judge

SL Shangisa

High Court RAF damages judgment refusing a late postponement and awarding damages, subject to 30% apportionment, for severe brain injury after a pedestrian accident.

• Road Accident Fund Act
• Quantum Of Damages
• Apportionment Of Liability
• Default Judgment
• Postponement Principles
• Road-accident-fund

Fluxmans Incorporated v Barata Projects CC (2021/20516)

Fluxmans Incorporated v Barata Projects CC (2021/20516) [2021] ZAGPJHC 543 (11 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/20516

Judge

Molahlehi

The High Court dismissed a postponement request and granted final liquidation after finding the close corporation admitted the debt and could not pay it.

• Liquidation Proceedings
• Postponement Principles
• Indebtedness Admission
• Winding Up Of Close Corporation
• Liquidation-proceedings
• Postponement-principles

Belfy Trading CC and Another v Katompa and Others; In re: Standard Bank Of SA Ltd v Companies And Intellectual Property Commission (60314/2015)

Belfy Trading CC and Another v Katompa and Others; In re: Standard Bank Of SA Ltd v Companies And Intellectual Property Commission (60314/2015) [2016] ZAGPPHC 570 (20 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

60314/2015

Judge

TS Madima

The court dismissed a postponement request, allowed creditor interventions, confirmed interim business rescue relief, and ordered eviction and costs against the respondents.

• Business Rescue
• Creditor Intervention
• Eviction
• Urgent Interdict
• Joinder Of Parties
• Postponement Principles

Mhlongo v South African Revenue Service (J1915/09)

Mhlongo v South African Revenue Service (J1915/09) [2015] ZALCJHB 313 (11 September 2015)

Court

Labour Court Johannesburg

Case number

J1915/09

Judge

L M Malan

The court found that the respondent's disciplinary code and procedures, as contained in a collective agreement, were not incorporated into the applicant's contract of employment, either expressly or tacitly. The applicant failed to plead or prove any contractual basis for her alleged right to a hearing prior to suspension or dismissal. The real dispute related to the fairness of her suspension and dismissal, which is a statutory right under the Labour Relations Act and not a contractual right. As such, the Labour Court lacked jurisdiction to adjudicate the matter as pleaded, and the proper re…

Source excerpt

• Contractual Rights In Employment
• Disciplinary Code Incorporation
• Jurisdiction Of Labour Court
• Unfair Dismissal
• Collective Agreements
• Postponement Principles