South Africa Case Law

Office of the Premier Free State Province v Lesiu Others (C126/2023)

Office of the Premier Free State Province v Lesiu Others (C126/2023) [2025] ZALCCT 63 (5 August 2025)

Court

Labour Court Cape Town

Case number

C126/2023

Judge

C May

The Court found that the explanation for the delay in prosecuting the review application was reasonable and covered the entire period, as the Applicant was awaiting cooperation from the First Respondent's attorney to reconstruct the lost record. The late filing of the confirmatory affidavit by the First Respondent's attorney constituted an irregular step, as it was filed out of sequence and without condonation. The First Respondent failed to provide a reasonable explanation for the late filing of his answering affidavit, and thus condonation was refused. The Applicant demonstrated good cause…

Source excerpt

• Condonation
• Reinstatement Of Review
• Irregular Step
• Practice Manual Compliance
• Record Reconstruction
• Substantive Fairness

Mkhangeli v S (CC130/10)

Mkhangeli v S (CC130/10) [2025] ZAECMHC 13 (5 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CC130/10

Judge

Cengani-Mbakaza

The High Court dismissed a bail pending appeal application, finding no exceptional circumstances and a risk of absconding, despite missing parts of the trial record.

• Bail Pending Appeal
• Exceptional Circumstances
• Flight Risk
• Record Reconstruction
• Interests Of Justice
• Bail-pending-appeal

Lesese v Commission for Conciliation, Mediation and Arbitration and Others (Reasons) (JR791/23)

Lesese v Commission for Conciliation, Mediation and Arbitration and Others (Reasons) (JR791/23) [2025] ZALCJHB 275 (25 February 2025)

Court

Labour Court Johannesburg

Case number

JR791/23

Judge

M T M Phehane

The applicant failed to establish that the respondents were in contempt of court, as the evidence showed that the respondents had complied with the court order by providing the required documentation, including typed notes and audio recordings. The applicant did not demonstrate any wilful or contumacious disregard for judicial authority by the respondents. Furthermore, the applicant failed to disclose material facts to the court, including the existence of a variation ruling and the provision of the relevant recordings. The repeated filing of applications to compel records already provided co…

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• Contempt Of Court
• Review Of Arbitration Award
• Duty Of Full Disclosure
• Costs Award
• Record Reconstruction

Sethosa v S (679/2023)

Sethosa v S (679/2023) [2024] ZASCA 172 (12 December 2024)

Court

Supreme Court of Appeal

Case number

679/2023

Judges

Nicholls, Molefe, Kgoele, Koen, Dolamo

The SCA set aside a High Court dismissal of a petition for leave to appeal because the trial record was incomplete and needed reconstruction.

• Rape Conviction
• Incomplete Record
• Petition For Leave To Appeal
• Record Reconstruction
• Fair Trial Rights
• Incomplete-record

Mdlalose and Others v S (A142/2010)

Mdlalose and Others v S (A142/2010) [2024] ZAGPJHC 744 (31 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A142/2010

Judges

Bokako, Dosio

The appeal court found that the reconstructed record was adequate for adjudication and that the trial court erred in convicting the appellant based on unreliable single witness testimony. The evidence did not establish beyond reasonable doubt that the appellant aided or conspired in the escape of Accused 4. The appellant's involvement was limited to his role as a human rights officer ensuring the safety of Accused 4, and there was no credible evidence of criminal intent or benefit. The trial court failed to properly assess the inconsistencies and credibility issues in the State's case, and th…

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• Aiding Escape
• Conspiracy
• Single Witness Testimony
• Fair Trial Rights
• Record Reconstruction

Seyisi v S (A611/2017)

Seyisi v S (A611/2017) [2024] ZAGPPHC 135 (21 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

A611/2017

Judges

KJ Mogale, JS Nyathi

The High Court held that the appeal record could not be reconstructed, making it inadequate for proper consideration of the appeal. The conviction and sentence were set aside.

• Record Reconstruction
• Right To Fair Trial
• Appeal Procedure
• Criminal-appeal
• Record-reconstruction
• Right-to-fair-trial

Matebe v Makhambi (CA&R 7/2020)

Matebe v Makhambi (CA&R 7/2020) [2023] ZANCHC 74 (3 November 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 7/2020

Judges

Williams, Stanton

The High Court set aside part-heard maintenance proceedings because no usable record could be found or reconstructed, and ordered a fresh hearing.

• Maintenance Enquiry
• Record Reconstruction
• Review Of Magistrate Decision
• Maintenance-enquiry
• Record-reconstruction
• Review-of-magistrates-court-decision

S v P.M (Review) (02/2023)

S v P.M (Review) (02/2023) [2023] ZANWHC 184; 2024 (1) SACR 1 (NWM) (5 October 2023)

Court

North West High Court, Mafikeng

Case number

02/2023

Judges

Hendricks, Petersen

The High Court found that the proceedings were not in accordance with justice due to multiple gross irregularities: the failure to transmit the matter for automatic review as required by the Child Justice Act; the imposition of an incompetent sentence exceeding the statutory maximum under section 276(1)(i) of the Criminal Procedure Act; the misapplication of the Criminal Law Amendment Act minimum sentencing regime to a child offender, contrary to section 51(6); and the absence of a complete record, with no proper reconstruction attempted. These failures collectively resulted in a miscarriage…

Source excerpt

• Child Justice Act
• Automatic Review
• Sentencing Of Children
• Gross Irregularity
• Record Reconstruction
• Minimum Sentences

Minister of Police v Police and Prisons Civil Rights Union (POPCRU) obo Senti and Others (PA15/2021)

Minister of Police v Police and Prisons Civil Rights Union (POPCRU) obo Senti and Others (PA15/2021) [2023] ZALAC 19; [2023] 11 BLLR 1158 (LAC); (2023) 44 ILJ 2685 (LAC) (23 August 2023)

Court

Labour Appeal Court

Case number

PA15/2021

Judges

Waglay JP, Kathree-Setiloane AJA, Tokota AJA

The Labour Appeal Court upheld the appeal, found the record inadequate for review, and sent the dismissal dispute back for fresh arbitration before a different commissioner.

• Review Of Arbitration Award
• Record Reconstruction
• Condonation For Late Filing
• Procedural Fairness
• Substantive Fairness
• Labour-law

Letsoenyo v Moorcroft - Appeal (A8/2023)

Letsoenyo v Moorcroft - Appeal (A8/2023) [2023] ZAFSHC 332 (18 August 2023)

Court

Free State High Court, Bloemfontein

Case number

A8/2023

Judges

MOLITSOANE, VAN RHYN

The High Court refused condonation and reinstatement of a lapsed appeal, finding the delay unexplained, the record incomplete, and no prospects of success.

• Condonation
• Reinstatement Of Lapsed Appeal
• Defamation
• Violation Of Dignity
• Record Reconstruction
• Reinstatement-of-lapsed-appeal