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South Africa decisions
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Ngqungwana v Port Elizabeth TVET College and Another (PS16/22) [2024] ZALCPE 29 (1 August 2024)
Labour Court dismissed a condonation application for late filing of a statement of response, finding the explanation incomplete and unsupported.
Peels v Mthombeni N.O and Others (JR415/24) [2024] ZALCJHB 274 (25 July 2024)
The court found that the commissioner properly considered the degree of lateness, the explanation for the delay, and the prospects of success. The applicant failed to provide a full and acceptable explanation for the period of delay between August 2023 and February 2024, and did not demonstrate any steps taken to pursue his unfair dismissal dispute during that time. The commissioner's incorrect finding regarding the applicant's status as a lay person did not render the ruling reviewable, as it was not material to the outcome. The commissioner exercised his discretion judicially and fairly, an…
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Dube and Others v Commission for Conciliation Mediation and Arbitration and Others (JR 1896/2021) [2023] ZALCJHB 351 (8 March 2023)
The court found that the arbitrator's refusal to grant condonation for the late referral of the unfair dismissal dispute was reasonable. The applicants were notified of the non-renewal of their fixed-term contracts on 29 September 2020, making their referral to the CCMA five and a half months late. The explanation provided for the delay—ongoing internal discussions and union interventions—was not supported by compelling evidence and did not justify the lengthy delay. The arbitrator correctly applied the principle that, in the absence of a reasonable and acceptable explanation for the delay, p…
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Linoe v Industroclean (Pty) Ltd (JS353/21) [2021] ZALCJHB 404 (25 October 2021)
The Labour Court dismissed a condonation application for late filing of a statement of claim, finding the nearly three-month delay inordinate and poorly explained.
Calderys Refractories v NUMSA obo Koalepe and Others (JS1021/2012) [2021] ZALCJHB 253 (26 August 2021)
The applicant failed to provide a reasonable and detailed explanation for its absence at the hearing, merely speculating about possible administrative or technical errors without substantiating its claims or investigating the alleged non-receipt of the faxed notice. The Court found that the transmission report confirmed successful delivery and that the applicant's attorneys received other relevant documents at the same fax number. As a result, the applicant did not discharge the onus to show good cause or bona fides for rescission under Rule 16A(1)(b). Furthermore, there was no procedural err…
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Spear and Others v BMO Food Services (Pty) Ltd (28256/2015) [2015] ZAGPPHC 575 (5 August 2015)
The High Court refused condonation for late rescission papers, finding the applicants had not explained the full delay and had acted recklessly.
De Koker v S (A328/2012) [2013] ZAFSHC 102 (24 May 2013)
The High Court overturned a motor vehicle theft conviction, holding that the accused gave a reasonable explanation for possession and the inference of theft was not the only one open.
S v Komane (A1114/09, 1664, 18/200 (Makweng), A354/2008) [2009] ZAGPPHC 363 (8 December 2009)
Review of a conviction for possession of knives. The High Court found the accused had a reasonable explanation for possession and set aside the conviction and sentence.
Zondi and Others v Milands Recycling CC (D127/98) [1998] ZALC 64 (8 September 1998)
The Labour Court refused condonation for a late statement of defence, finding the respondent’s explanation that it never received the faxed papers was not reasonable or acceptable.
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