South Africa Case Law

Office of the Premier Free State Province v Lesiu Others (C126/2023)

Office of the Premier Free State Province v Lesiu Others (C126/2023) [2025] ZALCCT 63 (5 August 2025)

Court

Labour Court Cape Town

Case number

C126/2023

Judge

C May

The Court found that the explanation for the delay in prosecuting the review application was reasonable and covered the entire period, as the Applicant was awaiting cooperation from the First Respondent's attorney to reconstruct the lost record. The late filing of the confirmatory affidavit by the First Respondent's attorney constituted an irregular step, as it was filed out of sequence and without condonation. The First Respondent failed to provide a reasonable explanation for the late filing of his answering affidavit, and thus condonation was refused. The Applicant demonstrated good cause…

Source excerpt

• Condonation
• Reinstatement Of Review
• Irregular Step
• Practice Manual Compliance
• Record Reconstruction
• Substantive Fairness

Likgale v Statutory Council for Printing Industry and Others (C747/2021)

Likgale v Statutory Council for Printing Industry and Others (C747/2021) [2025] ZALCCT 44 (4 July 2025)

Court

Labour Court Cape Town

Case number

C747/2021

Judge

Venter

The Labour Court reinstated a review application after finding good cause for delay, where record problems and legal representation issues hindered compliance.

• Condonation
• Practice Manual Compliance
• Reinstatement Of Review
• Delay Explanation
• Prospects Of Success
• Reinstatement-of-review

Association of Mineworkers and Construction Union and Others v Commission for Conciliation, Mediation and Arbitration and Others (J1205/19)

Association of Mineworkers and Construction Union and Others v Commission for Conciliation, Mediation and Arbitration and Others (J1205/19) [2025] ZALCJHB 258 (30 June 2025)

Court

Labour Court Johannesburg

Case number

J1205/19

Judge

Lennox

The Court found that the review application was not deemed withdrawn under the Practice Manual, as all procedural requirements were met before and after the reinstatement order. The reinstatement revived all prior steps, including notices filed under Rule 22B. The opposition by Bidvest was opportunistic and based on incorrect factual averments under oath, which were contradicted by undisputed evidence of AMCU's proactive conduct. The application for reinstatement was unnecessary, but even if required, the Applicant's attorneys acted diligently and any delay was minimal. The Court held that un…

Source excerpt

• Review Application Lapse
• Practice Manual Compliance
• Reinstatement Of Proceedings
• Costs Award
• Rule 22b Notice

Atlas Plant Hire (Pty) Ltd v Stapelberg N.O and Others (JR 86/19)

Atlas Plant Hire (Pty) Ltd v Stapelberg N.O and Others (JR 86/19) [2025] ZALCJHB 295 (30 June 2025)

Court

Labour Court Johannesburg

Case number

JR 86/19

Judge

Lennox

The court found that the applicant's absence at the hearing was due to a procedural error by the Registrar, who sent notice to the wrong email address. This justified rescission of the dismissal order under established case law. However, the review application had lapsed due to non-compliance with section 11.2.7 of the Practice Manual, as the record was filed out of time and no reinstatement application was made. The court therefore granted rescission of the dismissal order but held that the review application is deemed lapsed and must be archived. The Third Respondent is entitled to execute…

Source excerpt

• Rescission Of Order
• Review Application Lapse
• Practice Manual Compliance
• Arbitration Award Enforcement

Mphahlele v Commission for Conciliation, Mediation and Arbitration and Others (JR811/15)

Mphahlele v Commission for Conciliation, Mediation and Arbitration and Others (JR811/15) [2025] ZALCJHB 272 (24 June 2025)

Court

Labour Court Johannesburg

Case number

JR811/15

Judge

M T M Phehane

The Labour Court held that the review had lapsed for failure to prosecute and file the record, dismissed the remittal application, and ordered costs.

• Review Application
• Remittal Of Dispute
• Practice Manual Compliance
• Arbitration Record
• Costs Order
• Labour-law

Bidvest Protea Coin v Maake and Others (JR2035/21)

Bidvest Protea Coin v Maake and Others (JR2035/21) [2025] ZALCJHB 251 (23 June 2025)

Court

Labour Court Johannesburg

Case number

JR2035/21

Judge

N Tshisevhe

The Labour Court refused reinstatement of a review application delayed by 11 months, finding the explanation weak and attorney negligence no excuse.

• Condonation
• Practice Manual Compliance
• Review Application Reinstatement
• Rule 11 Dismissal
• Attorney Negligence
• Labour-court-review

Segami v Kumba Iron Ore (Shisen Mine) and Others (JR2333/21)

Segami v Kumba Iron Ore (Shisen Mine) and Others (JR2333/21) [2025] ZALCJHB 197 (21 May 2025)

Court

Labour Court Johannesburg

Case number

JR2333/21

Judge

Marques

The Labour Court condoned the late filing of a review record and reinstated the review, finding the applicant explained the delays and acted diligently.

• Condonation
• Review Application
• Practice Manual Compliance
• Late Filing
• Reinstatement Of Application
• Review-application

Gugushe v Commission for Conciliation, Mediation and Arbitration and Others (JR1831/16)

Gugushe v Commission for Conciliation, Mediation and Arbitration and Others (JR1831/16) [2025] ZALCJHB 276 (9 May 2025)

Court

Labour Court Johannesburg

Case number

JR1831/16

Judge

M T M Phehane

The applicant failed to provide a full, accurate, and satisfactory explanation for the five-year delay in prosecuting his review application and for non-compliance with the Rules and Practice Manual. His reasons were found to be hollow and unconvincing, and the delay was egregious. The applicant did not demonstrate prospects of success in the underlying review application, nor did he contest the respondent's allegations. The prejudice to the respondent, including the incomplete record and the need to reconstruct proceedings from ten years prior, was significant. The ethos of the Labour Relati…

Source excerpt

• Condonation
• Review Of Arbitration Award
• Practice Manual Compliance
• Delay In Prosecution
• Unfair Dismissal

Piktup (Soc) Ltd v Mokele (JR646/23)

Piktup (Soc) Ltd v Mokele (JR646/23) [2025] ZALCJHB 177 (2 May 2025)

Court

Labour Court Johannesburg

Case number

JR646/23

Judge

Daniels

The Labour Court held the review was not deemed withdrawn, granted condonation for Practice Manual non-compliance, and dismissed an application to compel security.

• Condonation
• Practice Manual Compliance
• Security For Award
• Review Of Arbitration Award
• Labour-law
• Practice-manual-compliance

Motloutsi v University of Pretoria and Others (JR1963/21)

Motloutsi v University of Pretoria and Others (JR1963/21) [2025] ZALCJHB 166 (10 April 2025)

Court

Labour Court Johannesburg

Case number

JR1963/21

Judge

P.H. Kirstein

The Labour Court reinstated a review application deemed withdrawn, holding that the applicant showed good cause despite an excessive delay caused largely by former representatives.

• Condonation
• Reinstatement Of Review
• Practice Manual Compliance
• Unfair Dismissal
• Failure To Present Case
• Reinstatement-of-review