South Africa Case Law

Brooks v Trustee of the Hillcrest Country and Others (D5081/2023)

Brooks v Trustee of the Hillcrest Country and Others (D5081/2023) [2025] ZAKZDHC 48 (21 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D5081/2023

Judge

Gwagwa AJ

The applicant failed to lodge his complaint within the prescribed period and did not apply for condonation for the late filing. The adjudicator's decision to dismiss the complaint was valid in law, as he was functus officio and lacked jurisdiction to consider the matter further. The grounds of appeal did not demonstrate a reasonable prospect of success, nor did they raise any compelling reason for the appeal to be heard. The principles set out in section 17(1) of the Superior Courts Act and relevant case law were not satisfied. Accordingly, leave to appeal must be refused.

Source excerpt

• Leave To Appeal
• Condonation
• Reasonable Prospect Of Success
• Administrative Review
• Late Filing

Brilliant Telecommunications (Pty) Ltd v Altron TMT (Pty) Ltd and Others (042792/2023)

Brilliant Telecommunications (Pty) Ltd v Altron TMT (Pty) Ltd and Others (042792/2023) [2025] ZAGPPHC 713 (14 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

042792/2023

Judge

Lenyai

The High Court refused Brilliant Telecommunications’ application for leave to appeal, finding no reasonable prospect of success or other compelling reason.

• Leave To Appeal
• Reasonable Prospect Of Success
• Costs Order
• Leave-to-appeal
• Superior-courts-act
• Reasonable-prospects-of-success

Mofu v Nala Local Municipality (5224/2024)

Mofu v Nala Local Municipality (5224/2024) [2025] ZAFSHC 199 (27 June 2025)

Court

Free State High Court, Bloemfontein

Case number

5224/2024

Judge

Grobler AJ

Leave to appeal was dismissed after the court held that authority to act for other applicants was not proved and no reasonable prospect of success was shown.

• Authority To Act
• Deductions From Remuneration
• Rule 7 Uniform Rules
• Confirmatory Affidavits
• Reasonable Prospect Of Success
• Leave-to-appeal

Economic Freedom Fighters (Pty) Ltd and Others v Gas Giants CC and Another (13850/2022)

Economic Freedom Fighters (Pty) Ltd and Others v Gas Giants CC and Another (13850/2022) [2025] ZAGPPHC 613 (13 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

13850/2022

Judge

Strijdom

The High Court granted leave to appeal to the Full Court after finding a reasonable prospect that another court may reach a different conclusion.

• Leave To Appeal
• Reasonable Prospect Of Success
• Superior Courts Act
• Costs In Appeal
• Leave-to-appeal
• Reasonable-prospect-of-success

Boerdery v CCMA and Others (Application for Leave to Appeal) (JR2187/2020)

Boerdery v CCMA and Others (Application for Leave to Appeal) (JR2187/2020) [2025] ZALCJHB 198 (20 May 2025)

Court

Labour Court Johannesburg

Case number

JR2187/2020

Judge

Morgan

Leave to appeal was refused in a Labour Court review matter concerning an unfair dismissal award. The court found no reasonable prospect of success.

• Review Of Arbitration Award
• Unfair Dismissal
• Leave To Appeal
• Reasonable Prospect Of Success
• Procedural Fairness
• Leave-to-appeal

Synchronised Logistical Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR133/23)

Synchronised Logistical Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR133/23) [2025] ZALCPE 8 (19 May 2025)

Court

Labour Court Port Elizabeth

Case number

PR133/23

Judge

Molotsi

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no gross irregularity in the arbitration.

• Review Of Arbitration Award
• Gross Irregularity
• Reasonable Prospect Of Success
• Procedural Unfairness
• Code Of Good Practice Dismissal
• Leave-to-appeal

Mhlongo v MEC for Education Gauteng Province (Leave to Appeal) (40579/2021)

Mhlongo v MEC for Education Gauteng Province (Leave to Appeal) (40579/2021) [2025] ZAGPPHC 391 (7 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

40579/2021

Judge

Mabuse

The High Court refused leave to appeal, finding the applicant had not shown reasonable prospects of success under section 17(1)(a)(i) of the Superior Courts Act.

• Leave To Appeal
• Reasonable Prospect Of Success
• Duty Of Care
• Supervision Of Learners
• Leave-to-appeal
• Reasonable-prospects-of-success

Mashabane v Minister of Defence and Military Veterans and Others (Leave to Appeal) (6317/2021)

Mashabane v Minister of Defence and Military Veterans and Others (Leave to Appeal) (6317/2021) [2025] ZAGPPHC 342 (31 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

6317/2021

Judge

N C Sethusha - Shongwe

The court found that the applicant failed to demonstrate any reasonable prospect of success on appeal or any compelling reason for leave to appeal to be granted. The grounds of appeal raised by the applicant were either procedural or technical and did not address the substantive merits. The court held that the Military Ombud's recommendations are not binding on the Minister and that the procedural irregularities alleged by the applicant were not fatal, as there was substantive compliance. The applicant did not engage with the requirements of section 17(1)(a) of the Superior Courts Act, and ha…

Source excerpt

• Leave To Appeal
• Military Ombud Jurisdiction
• Chain Of Command
• Reasonable Prospect Of Success
• Costs Award

Smada Security Services (Pty) Ltd v Department of Justice and Constitutional Development (081565/2023)

Smada Security Services (Pty) Ltd v Department of Justice and Constitutional Development (081565/2023) [2025] ZAGPPHC 311 (26 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

081565/2023

Judge

Holland-Muter

The High Court granted leave to appeal to the Supreme Court of Appeal, finding reasonable prospects of success and compelling circumstances in a tender dispute.

• Leave To Appeal
• Reasonable Prospect Of Success
• Compelling Circumstances
• Tender Review
• Leave-to-appeal
• Reasonable-prospect-of-success

Coca Cola Beverages South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 1599/21)

Coca Cola Beverages South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 1599/21) [2025] ZALCJHB 105 (12 March 2025)

Court

Labour Court Johannesburg

Case number

JR 1599/21

Judge

Bart Ford

The Labour Court refused leave to appeal, holding that the commissioner’s withdrawal did not trigger functus officio and that no bias or evidentiary error was shown.

• Recusal Of Commissioner
• Functus Officio
• Arbitration De Novo
• Reasonable Prospect Of Success
• Bias In Arbitration
• Functus-officio