South Africa Case Law

Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors v Hlantini Management and Finance (Pty) Ltd and Others (2025/061204)

Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors v Hlantini Management and Finance (Pty) Ltd and Others (2025/061204) [2025] ZAGPJHC 615 (18 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/061204

Judge

Crutchfield

The High Court struck an urgent application from the roll, finding no urgency and holding the applicant failed to show substantial redress was unavailable in the ordinary course.

• Urgency In Motion Proceedings
• Condonation
• Reinstatement Of Appeal
• Interim Interdict
• Default Judgment
• Execution Against Property

Minister of Police v Toloane (A127/2023)

Minister of Police v Toloane (A127/2023) [2025] ZAFSHC 139 (15 May 2025)

Court

Free State High Court, Bloemfontein

Case number

A127/2023

Judges

Daffue, Daniso, Buys

The High Court reinstated an appeal and cross-appeal that had lapsed, finding that the interests of justice and prospects of success justified relief.

• Reinstatement Of Appeal
• Condonation
• Unlawful Detention
• Damages
• Prospects Of Success
• Reinstatement-of-appeal

Macheke v Pooe (Appeal) (A7/2025)

Macheke v Pooe (Appeal) (A7/2025) [2025] ZAGPPHC 405 (29 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

A7/2025

Judges

Van der Schyff, Bam, Moshoana

The appeal was not prosecuted within the time limits prescribed by Uniform Rule 49(2), as the notice of appeal was filed after the twenty-day period and no condonation or reinstatement application was brought. The court cannot, on its own accord, grant an extension or reinstate a lapsed appeal without such an application, as this would deprive the respondent of the opportunity to oppose. The absence of a proper appeal record further compounded the procedural defects. Consequently, the court lacks jurisdiction to consider the merits of the appeal, which stands to be struck off the roll with co…

Source excerpt

• Uniform Rule 49
• Condonation
• Reinstatement Of Appeal
• Costs Order

T.B v Government Employee Pension Fund and Others (CA 645/2015)

T.B v Government Employee Pension Fund and Others (CA 645/2015) [2025] ZAECMHC 23 (18 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CA 645/2015

Judges

L Rusi, B R Tokota, M Mhambi

The High Court refused condonation and reinstatement of a late appeal, finding the delay inordinate and the explanations insufficient. The appeal had lapsed.

• Condonation Of Late Appeal
• Status Of Marriage
• Customary Vs Civil Marriage
• Proprietary Consequences Of Marriage
• Appeal Lapsing
• Reinstatement Of Appeal

Bunze v S (CA19/2022)

Bunze v S (CA19/2022) [2024] ZANWHC 276 (5 November 2024)

Court

North West High Court, Mafikeng

Case number

CA 19/2022

Judges

Petersen, Reddy

The Full Bench held that the appellant failed to comply with the mandatory requirement to re-enrol the appeal within ten days after it was struck from the roll on 26 May 2023, as stipulated by Rule 67(5A)(a)(ii) of the Magistrates' Court Rules. The subsequent actions by the respondent in seeking new hearing dates did not cure this defect, nor did they revive the lapsed appeal. In the absence of a substantive application for reinstatement and condonation for the period after the striking-off order, there was no appeal properly before the court. The court emphasized that strict compliance with…

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• Condonation
• Reinstatement Of Appeal
• Criminal Appeal Procedure
• Striking Off Order
• Mandatory Timelines

AD All CC t/a Millenium Bodyguards v Kapa Bokoni Trading and Projects 10 CC (A 58/2024)

AD All CC t/a Millenium Bodyguards v Kapa Bokoni Trading and Projects 10 CC (A 58/2024) [2024] ZAGPPHC 803 (13 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

A 58/2024

Judges

Swanepoel, Van der Schyff

The appellant rendered security services for remuneration without being registered as a security service provider, in direct contravention of section 20(1)(a) of the Private Security Industry Regulation Act. Section 20(3) explicitly invalidates any contract inconsistent with this requirement, and section 38(3) makes such conduct an offence. The argument that control by registered persons or entities suffices is rejected; the entity rendering the service must itself be registered. The agreement between the parties is both invalid and illegal. The appellant cannot claim payment under the contra…

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• Private Security Industry Regulation Act
• Illegality Of Contract
• Unjust Enrichment
• Pari Delicto Rule
• Reinstatement Of Appeal

Harrys Tyres (Pty) Limited v Symes and Others (CIV APP FB10/2023)

Harrys Tyres (Pty) Limited v Symes and Others (CIV APP FB10/2023) [2024] ZANWHC 75 (13 March 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 10/2023

Judges

Hendricks JP, Petersen J, Mfenyana J

The Full Court refused condonation and reinstatement of an appeal that had lapsed, finding the delay inadequately explained and prejudicial to creditors.

• Condonation
• Reinstatement Of Appeal
• Uniform Rule 49
• Costs Order
• Lapsed Appeal
• Appeal-lapse

Minister of Police v Nyoni and Another (A5081/2021)

Minister of Police v Nyoni and Another (A5081/2021) [2024] ZAGPJHC 245 (5 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A5081/2021

Judge

Makume

The court found that the delay in prosecuting the appeal was adequately explained by the appellant, considering the extraordinary circumstances of office hacking, COVID-19 lockdowns, and difficulties in obtaining the court record. The delay was not excessive, and the explanation was acceptable. Consequently, condonation was granted and the appeal reinstated. On the merits, the court held that the police officers had reasonable suspicion based on solid grounds to arrest the respondents, as they received information from witnesses and admissions from the respondents regarding the assault. The r…

Source excerpt

• Condonation
• Reinstatement Of Appeal
• Unlawful Arrest
• Reasonable Suspicion
• Criminal Procedure Act

Barkhuizen-Barbosa N.O v Phelemba and Others (A35/2020)

Barkhuizen-Barbosa N.O v Phelemba and Others (A35/2020) [2024] ZAMPMBHC 8 (1 February 2024)

Court

Mbombela High Court, Mpumalanga

Case number

A35/2020

Judge

Greyling-Coetzer

The High Court dismissed an unopposed application to reinstate a lapsed appeal, finding the delay in complying with Rule 49 was extreme and inadequately explained.

• Condonation
• Reinstatement Of Appeal
• Uniform Rules Of Court
• Eviction Under Pie Act
• Costs Against Executor
• Reinstatement-of-appeal

Urban Dynamics (Gauteng) Inc v BLW Properties (Pty) Limited (A5051/2020 ; 13866/2019)

Urban Dynamics (Gauteng) Inc v BLW Properties (Pty) Limited (A5051/2020 ; 13866/2019) [2023] ZAGPJHC 969 (18 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5051/2020

Judges

GC Wright, S Mia, L Wepener

The High Court upheld Urban Dynamics’ appeal, finding BLW’s lease cancellation invalid and dismissing the eviction application with costs.

• Lease Cancellation
• Eviction
• Security For Costs
• Reinstatement Of Appeal
• Contractual Interpretation
• Lease-cancellation