Sibanyoni v Trans-Africa Projects (Pty) Ltd (J385/16)
Sibanyoni v Trans-Africa Projects (Pty) Ltd (J385/16) [2018] ZALCJHB 130 (13 March 2018)
The court found that both directives issued by judges in chambers regarding re-enrolment were not compliant with the enabling rules and lacked legal consequence. The applicant's explanation for non-appearance was reasonable and acceptable, as the notice of set down was sent to her former attorneys and not to her directly, and there was no evidence she received notification from the respondent. The court held that prospects of success play a minimal role at the stage of re-enrolment; the applicant must be afforded the opportunity to ventilate her condonation application in open court in line w…
Source excerpt
- Practice Manual Directives
- Striking Off The Roll
- Re Enrolment Procedure
- Section 34 Constitution
- Adequate Explanation For Default