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South Africa decisions
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Wait v Strydom N.O and Others (Leave to Appeal) (389/2022) [2024] ZAECMKHC 64 (24 May 2024)
Leave to appeal was dismissed because the applicant failed to show a reasonable explanation for default, which the court held was fatal to rescission.
Ekurhuleni Metropolitan Municipality v Khumhold Wholesale Foods and Commodities CC (47215/2021) [2023] ZAGPJHC 1250 (2 November 2023)
The High Court rescinded a default judgment against Ekurhuleni Metropolitan Municipality, finding a triable defence on the interpretation of an earlier electricity interdict.
Road Accident Fund v Ngobeni obo Phelela (35926/17) [2022] ZAGPPHC 866 (18 November 2022)
The court found that the Road Accident Fund's explanation for its default was not reasonable or acceptable, as it was a deliberate policy decision not to attend court, rather than an unavoidable circumstance. The RAF failed to demonstrate a bona fide defence with reasonable prospects of success, as the evidence before the original court was sufficient to grant the order and subsequent conduct by the RAF undermined its credibility. The court rejected the argument that the RAF should be treated differently from other litigants in rescission applications, emphasizing that uniform requirements mu…
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Gangat v Akoon (A5044/2019) [2021] ZAGPJHC 828 (21 December 2021)
The court held that the appellant provided a reasonable explanation for his default, supported by objective evidence such as SMS correspondence indicating he only became aware of the default judgment in September 2017. The lack of service of the judgment and absence of attempts to execute it further supported the appellant's version. The appellant also disclosed a bona fide defence in his plea and demonstrated good prospects of success. The court found that the Plascon-Evans test was incorrectly applied by the court a quo, as it is not the appropriate standard for rescission applications unde…
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Manline (Pty) Ltd v Mtshali (14742/2008) [2017] ZAKZPHC 66 (20 December 2017)
The High Court rescinded two default judgments in a motor collision matter, finding a plausible explanation for default and an arguable contributory negligence defence.
South African Municipality Workers Union obo Dywili v Inkwanca Municipality (P399/2014) [2017] ZALCPE 3 (31 January 2017)
The court found that the Municipality conceded receipt of the statement of claim and failed to file a notice of opposition or statement of response within the prescribed period. The explanation provided by the Municipality, namely administrative chaos and staff shortages, amounted to neglect and did not constitute a reasonable explanation for the default. There was no evidence of any fact that, if brought to the attention of the judge who granted the default judgment, would have precluded the granting of the judgment. The Municipality's excuse would not have persuaded the judge to refuse the…
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Botha v Gauteng Department of Education and Another (JS719/14) [2016] ZALCJHB 109; (2016) 37 ILJ 1695 (LC) (22 November 2016)
The Labour Court rescinded a default dismissal order after finding the applicant gave a reasonable explanation for her absence and showed bona fide prospects of success.
Grobler v Vermaak (40234/2015) [2016] ZAGPPHC 537 (24 June 2016)
The High Court dismissed an application for leave to appeal against refusal of rescission, finding no reasonable explanation for default or bona fide defence.
Mjakuca v South African Road Passenger Bargaining Council and Others (PR53/13) [2016] ZALCPE 6 (4 February 2016)
The court found that while the applicant's delay in filing the review application was substantial, his explanation was reasonable given his reliance on the trade union and subsequent pursuit of legal aid. Condonation was therefore granted. However, on the merits of the review, the applicant failed to provide a reasonable explanation for his default in attending the arbitration hearing, as he did not substantiate why he was misinformed about the time and failed to provide supporting evidence from the union representative. The arbitrator's decision to dismiss the rescission application was reas…
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KWESTHUBA CONSULTING (PTY) LTD v KAYODE (CA23/2011) [2014] ZALAC 103 (31 January 2014)
The Labour Appeal Court upheld rescission of a default judgment after finding the appellant’s mistaken belief about service was a reasonable, not grossly negligent, explanation.
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