South Africa Case Law

Nzuza and Another v Toyota SA Motors (PTY) Ltd (D215/15)

Nzuza and Another v Toyota SA Motors (PTY) Ltd (D215/15) [2022] ZALCD 46 (19 September 2022)

Court

Labour Court Durban

Case number

D215/15

Judge

Hiralall

The court found that the applicants failed to provide a reasonable and satisfactory explanation for the extensive delay in prosecuting their case. Despite claiming lack of representation, evidence showed that the applicants were in contact with attorneys acting on their behalf, and correspondence from Ms Shazi contradicted their assertions. The applicants' explanation for the delay was inadequate, and their continued attempts to contact a suspended attorney, rather than the attorneys referred to them, was unreasonable. The delay of six and a half years since dismissal, and two and a half year…

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• Retrieval Of Archived File
• Condonation
• Delay In Prosecution
• Practice Manual Clause 16
• Reasonable Explanation For Delay

Hatfield Man Truck and Bus v Zitholama Cleaning Hygiene Chemicals CC (20732/2020)

Hatfield Man Truck and Bus v Zitholama Cleaning Hygiene Chemicals CC (20732/2020) [2022] ZAGPPHC 412 (14 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

20732/2020

Judge

N Janse van Nieuwenhuizen

The High Court granted leave to file a counterclaim out of time, finding the Covid-era delay reasonably explained, but ordered the applicant to pay costs.

• Late Filing Of Counterclaim
• Uniform Rules Of Court Rule 24
• Reasonable Explanation For Delay
• Costs Award On Indulgence
• Late-filing-counterclaim
• Uniform-rules-court-rule-24

Maduludi (Pty) Ltd v Jojo (JS931/20)

Maduludi (Pty) Ltd v Jojo (JS931/20) [2021] ZALCJHB 208 (26 July 2021)

Court

Labour Court Johannesburg

Case number

JS931/20

Judge

Mofokeng

The Labour Court granted condonation for a late statement of defence, accepting the applicant’s explanation and finding reasonable prospects of success.

• Condonation
• Late Filing Of Statement Of Defence
• Prospects Of Success
• Reasonable Explanation For Delay
• Late-filing
• Prospects-of-success

Mabe v Commission for Conciliation, Mediation and Arbitration and Others (JR1471/15)

Mabe v Commission for Conciliation, Mediation and Arbitration and Others (JR1471/15) [2017] ZALCJHB 101 (29 March 2017)

Court

Labour Court Johannesburg

Case number

JR1471/15

Judge

Lagrange

The Labour Court dismissed a review of a condonation ruling, finding the applicant’s explanation for a long late referral inadequate and bias allegations unsupported.

• Condonation
• Unfair Dismissal
• Incapacity Dismissal
• Reasonable Explanation For Delay
• Apprehension Of Bias
• Unfair-dismissal

Minister of Home Affairs v General Public Service Sectoral Bargaining Council and Others (JR2290/2013)

Minister of Home Affairs v General Public Service Sectoral Bargaining Council and Others (JR2290/2013) [2017] ZALCJHB 242 (15 February 2017)

Court

Labour Court Johannesburg

Case number

JR2290/2013

Judge

Barnes

The Labour Court dismissed a condonation application for a 21-month late review, finding the explanation inadequate and declining to consider prospects of success.

• Condonation For Late Filing
• Review Application Delay
• Reasonable Explanation For Delay
• Condonation-for-late-filing
• Review-application-delay
• Labour-law

POPCRU obo Gaeratane v Bobbejaan NO and Others (JS444/14)

POPCRU obo Gaeratane v Bobbejaan NO and Others (JS444/14) [2017] ZALCJHB 170 (14 February 2017)

Court

Labour Court Johannesburg

Case number

JS444/14

Judge

Van Niekerk

The court found that the applicant's explanation for the delay in filing the review application was inadequate. There was no evidence that the applicant took steps to ensure his representatives acted with diligence, nor was there a satisfactory explanation for the administrative delays. The delay exceeded the statutory time limit, and the applicant failed to provide a reasonable and acceptable explanation. In accordance with established legal principles, where the delay is inordinate and unexplained, the prospects of success are immaterial. Even if considered, the grounds for review did not m…

Source excerpt

• Condonation
• Review Of Arbitration Award
• Late Filing
• Misconduct Dismissal
• Reasonable Explanation For Delay

Moletsane v Hepburn (5479/2014)

Moletsane v Hepburn (5479/2014) [2017] ZAFSHC 15 (2 February 2017)

Court

Free State High Court, Bloemfontein

Case number

5479/2014

Judge

C Reinders

The High Court granted condonation and rescission of a default judgment after finding a reasonable explanation for delay and a bona fide defence.

• Rescission Of Judgment
• Condonation
• Default Judgment
• Reasonable Explanation For Delay
• Rescission-of-judgment
• Default-judgment

IFJ Properties (Pty) Ltd v Brown and Others (32592/2013)

IFJ Properties (Pty) Ltd v Brown and Others (32592/2013) [2015] ZAGPPHC 755 (31 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

32592/2013

Judge

A.J. Louw

The court found that the applicant provided a reasonable and acceptable explanation for the delay in filing the supplementary affidavit, namely the unavailability of senior counsel due to other professional commitments. The court noted that the Sixth and Seventh Respondents themselves were substantially late in filing the record, and that no prejudice was alleged or suffered by any respondent as a result of the applicant's delay. Although the applicant did not explicitly address prospects of success in the condonation application, the supplementary affidavit in the court file demonstrated pri…

Source excerpt

• Condonation
• Rule 53
• Supplementary Affidavit
• Reasonable Explanation For Delay
• Prospects Of Success

Smith v Aon South Africa (Pty) Ltd (JS 1159/10)

Smith v Aon South Africa (Pty) Ltd (JS 1159/10) [2013] ZALCJHB 199 (22 July 2013)

Court

Labour Court Johannesburg

Case number

JS 1159/10

Judge

Van Niekerk

The Labour Court refused condonation for a late application for leave to appeal, finding no reasonable explanation for a delay of more than seven months.

• Condonation For Late Filing
• Leave To Appeal
• Reasonable Explanation For Delay
• Prospects Of Success
• Condonation
• Leave-to-appeal

Mkhize v Commission for Conciliation Mediation and Arbitration and Others (D95/2011)

Mkhize v Commission for Conciliation Mediation and Arbitration and Others (D95/2011) [2013] ZALCD 13 (13 June 2013)

Court

Labour Court Durban

Case number

D95/2011

Judge

D H Gush

The Labour Court refused condonation for a late review of a CCMA arbitration award, finding the five-week delay poorly explained and prospects of success irrelevant.

• Condonation
• Unfair Dismissal
• Review Of Arbitration Award
• Labour Relations Act
• Reasonable Explanation For Delay
• Ccma-review