South Africa Case Law

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022)

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022) [2025] ZALCJHB 341 (5 August 2025)

Court

Labour Court Johannesburg

Case number

JR1863/2022

Judge

M Naidoo

The Labour Court dismissed an application to reinstate a lapsed review, finding the delay excessive, poorly explained, and fatal despite any prospects of success.

• Condonation
• Practice Manual Non Compliance
• Review Application Delay
• Prospects Of Success
• Prejudice
• Interest Of Justice

Road Accident Fund v McLachlan N.O (5936/2021)

Road Accident Fund v McLachlan N.O (5936/2021) [2025] ZAWCHC 328 (1 August 2025)

Court

Western Cape High Court, Cape Town

Case number

5936/2021

Judge

Nuku

The defendant failed to provide a proper explanation for the withdrawal of its admission and did not address the plaintiff's objections, including the risk of injustice and prejudice to the plaintiff. The court found that the application for amendment was not made in good faith and would cause an injustice to the plaintiff that could not be remedied by a costs order. The defendant did not demonstrate entitlement to the amendment, and the application was dismissed.

Source excerpt

• Amendment Of Pleadings
• Withdrawal Of Admission
• Prejudice
• Good Faith
• Costs Order

Nadasen v Laragh Courseware (Pty) Ltd (C14/25)

Nadasen v Laragh Courseware (Pty) Ltd (C14/25) [2025] ZALCCT 57 (22 July 2025)

Court

Labour Court Cape Town

Case number

C14/25

Judge

P Venter

The Labour Court granted condonation for the late filing of an unfair dismissal referral and heads of argument, finding the delay short and the explanation reasonable.

• Condonation
• Unfair Dismissal
• Late Filing
• Prospects Of Success
• Prejudice
• Costs In Labour Disputes

Weziswe Platinum Limited v Santam Limited (33006/2018)

Weziswe Platinum Limited v Santam Limited (33006/2018) [2025] ZAGPJHC 608 (13 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

33006/2018

Judge

LM du Plessis

The High Court dismissed a Rule 30 challenge to a late Rule 36(9)(a) expert notice, finding the rule’s own remedy applied and no real prejudice was shown.

• Rule 30 Irregular Proceedings
• Rule 36 Expert Evidence
• Condonation
• Prejudice
• Judicial Discretion
• Rule-30

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020)

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020) [2025] ZAMPMBHC 33 (23 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2905/2020

Judge

H F Fourie

The High Court dismissed an application for condonation for late statutory notice against a provincial health department, finding no good cause for a seven-year delay.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Statutory Notice
• Good Cause
• Prejudice
• Delay In Application

Motshele v Motshele (32777/2017)

Motshele v Motshele (32777/2017) [2025] ZAGPPHC 274 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

32777/2017

Judge

E Joyini

The High Court dismissed an application to strike out a respondent’s claim and defence for non-compliance with a prior court order, but ordered costs on an attorney-and-client scale.

• Strike Out Application
• Rule 30a
• Contempt Of Court
• Prejudice
• Costs Award
• Strike-out-application

Ehlanzeni Tvet College v PSA obo Ramolefe and Others (JR726/22)

Ehlanzeni Tvet College v PSA obo Ramolefe and Others (JR726/22) [2025] ZALCJHB 8 (17 January 2025)

Court

Labour Court Johannesburg

Case number

JR726/22

Judge

C Orr

The Labour Court reinstated a review application deemed withdrawn after a late record filing, finding the delay sufficiently explained and the applicant’s prospects and prejudice favoured relief.

• Condonation
• Practice Manual Clauses
• Reinstatement Of Review
• Delay Explanation
• Prejudice
• Prospects Of Success

Banda v Department of Police, Roads and Transport (2936/2023)

Banda v Department of Police, Roads and Transport (2936/2023) [2024] ZAFSHC 404 (12 December 2024)

Court

Free State High Court, Bloemfontein

Case number

2936/2023

Judge

Mahlatsi AJ

The High Court dismissed an application for condonation for late notice under the Act, finding the applicant’s delay unexplained and the respondent prejudiced.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notice
• Prejudice
• Prescription
• Late-notice

Association of Mineworkers and Construction Union (AMCU) and Another v Black Rox Security Intelligence Services ta BOSASA Security (Pty) Ltd (in Liquidation) and Others (D1780/17)

Association of Mineworkers and Construction Union (AMCU) and Another v Black Rox Security Intelligence Services ta BOSASA Security (Pty) Ltd (in Liquidation) and Others (D1780/17) [2024] ZALCD 50 (12 December 2024)

Court

Labour Court Durban

Case number

D1780/17

Judge

S M Shaba

The court found that the applicants failed to provide a satisfactory, adequate, and reasonable explanation for the excessive delay in filing their statement of claim. The delay was attributed to the applicants' decision to refer their dispute to the CCMA for arbitration, despite clear statutory provisions and advice indicating that the Labour Court was the proper forum after conciliation failed. The applicants' reliance on the busy schedule of their representatives and internal processes was deemed insufficient and unsupported by evidence. The court held that errors in law and strategy do not…

Source excerpt

• Condonation
• Unfair Dismissal
• Late Filing
• Jurisdiction
• Prejudice
• Prospects Of Success

Man Energy Solutions Middle East LCC v MV "GCL Yamuna" and Another (A62/2023)

Man Energy Solutions Middle East LCC v MV "GCL Yamuna" and Another (A62/2023) [2024] ZAKZDHC 99 (5 December 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

A62/2023

Judge

Gwagwa

The High Court allowed an admiralty amendment correcting the applicant’s name by adding “FZE”, finding it was a bona fide misnomer and caused no proven prejudice.

• Amendment Of Pleadings
• Misnomer
• Good Faith Amendment
• Prejudice
• Enforceability Of Judgment
• Amendment-of-pleadings