South Africa Case Law

Francis Baard District Municipality v Rex N.O. and Others (JR1000/2011, JA29/2015)

Francis Baard District Municipality v Rex N.O. and Others (JR1000/2011, JA29/2015) [2016] ZALAC 33; [2016] 10 BLLR 1009 (LAC); (2016) 37 ILJ 2560 (LAC) (28 June 2016)

Court

Labour Appeal Court

Case number

JR1000/2011, JA29/2015

Judges

C J Musi, Davis, Murphy

The Labour Appeal Court held that the missing parts of the arbitration record were material to the grounds of review, which challenged the factual findings of the commissioner. The appellant failed to take all reasonable steps to reconstruct the record, including not approaching the arbitrator or other parties for assistance. The court found that without the missing evidence, it was impossible to fairly adjudicate the review application. The Labour Court exercised its discretion judiciously in dismissing the application, prioritizing the employee's right to speedy dispute resolution over the…

Source excerpt

• Review Of Arbitration Award
• Incomplete Record
• Reconstruction Of Evidence
• Right To Fair Hearing
• Dismissal Of Review Application

Juma v S (CA&R54/2011)

Juma v S (CA&R54/2011) [2014] ZAECGHC 11 (17 March 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R54/2011

Judges

B Hartle, E Revelas

The High Court struck a criminal appeal from the roll because the appeal record was materially incomplete and reconstruction efforts had not been exhausted.

• Appeal Record Deficiency
• Reconstruction Of Evidence
• Duty To Prepare Record
• Condonation Application
• Appeal-record-deficiency
• Reconstruction-of-evidence

S v Monnakgotla and Another (134/2003)

S v Monnakgotla and Another (134/2003) [2003] ZANWHC 41 (31 July 2003)

Court

North West High Court, Mafikeng

Case number

134/2003

Judge

R.D. Hendricks

Special review of a part-heard criminal matter where the record was missing and could not be reconstructed. The High Court set aside the proceedings and ordered a de novo hearing.

• Missing Record
• Review Proceedings
• Reconstruction Of Evidence
• Missing-record
• Review-proceedings
• Record-reconstruction

Rennie v Kamby Farms (Pty) Ltd. (406/84)

Rennie v Kamby Farms (Pty) Ltd. (406/84) [1988] ZASCA 171; [1989] 2 All SA 155 (A) (1 December 1988)

Court

Supreme Court of Appeal

Case number

406/84

Judges

Hoexter, Grosskopf, Steyn

The court dismissed an application for condonation of a late appeal record, citing prolonged unexplained delay, an incomplete record, and weak prospects of success.

• Condonation
• Late Lodging Of Record
• Prospects Of Success
• Reconstruction Of Evidence
• Late-filing
• Appeal-record