South Africa Case Law

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022)

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022) [2025] ZALCJHB 341 (5 August 2025)

Court

Labour Court Johannesburg

Case number

JR1863/2022

Judge

M Naidoo

The Labour Court dismissed an application to reinstate a lapsed review, finding the delay excessive, poorly explained, and fatal despite any prospects of success.

• Condonation
• Practice Manual Non Compliance
• Review Application Delay
• Prospects Of Success
• Prejudice
• Interest Of Justice

Road Accident Fund v Commission for Conciliation Mediation and Arbitration and Others (D242/2024)

Road Accident Fund v Commission for Conciliation Mediation and Arbitration and Others (D242/2024) [2025] ZALCD 26 (17 July 2025)

Court

Labour Court Durban

Case number

D242/2024

Judge

M Mpahlwa

The applicant failed to prosecute the review application within the prescribed timeframes, did not seek condonation for late filing, and took no steps to reinstate the application. The review application is deemed withdrawn under Rule 37(15) of the Labour Court Rules and the Practice Manual. The Labour Court retains jurisdiction to dismiss the review application for unreasonable delay and lack of prosecution, as confirmed by recent case law. The Respondents suffered prejudice due to prolonged suspension and delay. The interests of justice and the objectives of the LRA require expeditious reso…

Source excerpt

• Unfair Labour Practice
• Review Application Delay
• Practice Manual Deemed Withdrawal
• Condonation
• Arbitration Award Enforcement

Premier Eastern Cape Province v Mbananga (Application for Leave to Appeal) (PR265/22)

Premier Eastern Cape Province v Mbananga (Application for Leave to Appeal) (PR265/22) [2025] ZALCPE 7 (4 April 2025)

Court

Labour Court Port Elizabeth

Case number

PR265/22

Judge

M Makhura

The Labour Court granted condonation for a late leave-to-appeal application but dismissed the application, finding no prospects of success.

• Condonation Of Late Filing
• Leave To Appeal
• Review Application Delay
• Rule Of Law
• Condonation
• Leave-to-appeal

SAMWU obo Sefanyetso v South African Local Government Bargaining Council and Others - Ex Tempore Judgment Condonation Application (JR265/2021)

SAMWU obo Sefanyetso v South African Local Government Bargaining Council and Others - Ex Tempore Judgment Condonation Application (JR265/2021) [2023] ZALCJHB 288 (10 October 2023)

Court

Labour Court Johannesburg

Case number

JR265/2021

Judge

M T M Phehane

The Labour Court refused condonation for a late review application, finding the delay excessive and inadequately explained, with no need to consider prospects of success.

• Condonation
• Review Application Delay
• Arbitration Award Challenge
• Practice Manual Compliance
• Labour-review
• Arbitration-award

Regenesys Management (Pty) Ltd v Mantshule N.O and Others (JR316/21)

Regenesys Management (Pty) Ltd v Mantshule N.O and Others (JR316/21) [2022] ZALCJHB 358 (22 November 2022)

Court

Labour Court Johannesburg

Case number

JR316/21

Judge

S Swartz

The applicant failed to provide a satisfactory or detailed explanation for the extreme delay in launching the review applications, which were 381 and 318 days late respectively. The court found that the prejudice caused by the delay favoured the fourth respondent, whose employment had terminated years prior. The principles governing condonation in labour law require strict scrutiny, and without a compelling explanation for the delay, prospects of success are immaterial. The delay was found to be excessive and unreasonable, even under section 158(1)(g) which does not prescribe a specific time…

Source excerpt

• Condonation
• Review Application Delay
• Jurisdictional Ruling
• Arbitration Award
• Reasonable Time Requirement

Boxing South Africa v Qithi (JR95/19)

Boxing South Africa v Qithi (JR95/19) [2022] ZALCJHB 311 (11 November 2022)

Court

Labour Court Johannesburg

Case number

JR95/19

Judge

P Nkutha-Nkontwana

The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different decision regarding the review application. The delay in prosecuting the review was inordinate and prejudicial, particularly to the respondent, who remains unemployed. The principles of expeditious dispute resolution under the Labour Relations Act and the need to prevent labour litigation from becoming protracted and costly were decisive. Accordingly, leave to appeal was refused, and no costs order was made against the applicant.

Source excerpt

• Leave To Appeal
• Review Application Delay
• Expeditious Resolution
• Costs Order

NEHAWU obo Mahole v South African Revenue Services and Others (JR 2308/2018)

NEHAWU obo Mahole v South African Revenue Services and Others (JR 2308/2018) [2022] ZALCJHB 297 (27 October 2022)

Court

Labour Court Johannesburg

Case number

JR 2308/2018

Judge

Van Niekerk

Leave to appeal was refused in a Labour Court ruling concerning a late review application and condonation, despite an admitted error in calculating delay.

• Condonation For Late Filing
• Leave To Appeal
• Review Application Delay
• Reasonable Prospect Of Success
• Leave-to-appeal
• Condonation

Qhithi v Boxing South Africa :In re: Boxing South Africa v Commissioner- Siavhe N.O and Others (JR95/2019)

Qhithi v Boxing South Africa :In re: Boxing South Africa v Commissioner- Siavhe N.O and Others (JR95/2019) [2022] ZALCJHB 247 (31 August 2022)

Court

Labour Court Johannesburg

Case number

JR95/2019

Judge

Nkutha-Nkontwana

The Labour Court upheld a Rule 11 application and dismissed Boxing South Africa’s review for inordinate delay, poor explanation, and weak prospects.

• Review Application Delay
• Practice Manual Compliance
• Rule 11 Application
• Condonation Of Delay
• Costs Award
• Rule-11-application

CITASA obo Phajane v Commission for Conciliation, Mediation and Arbitration and Others (JR677/2004)

CITASA obo Phajane v Commission for Conciliation, Mediation and Arbitration and Others (JR677/2004) [2021] ZALCJHB 393 (12 October 2021)

Court

Labour Court Johannesburg

Case number

JR677/2004

Judge

Prinsloo

The Labour Court dismissed a 17-year-old review application for lack of prosecution and refused condonation for the late record, finding the delay inexcusable.

• Unfair Dismissal
• Review Application Delay
• Rule 11 Dismissal
• Condonation
• Practice Manual Compliance
• Labour-review-delay

Magnesita v National Bargaining Council for the Chemical Industry and Others (JR 1241/18)

Magnesita v National Bargaining Council for the Chemical Industry and Others (JR 1241/18) [2021] ZALCJHB 215 (5 August 2021)

Court

Labour Court Johannesburg

Case number

JR 1241/18

Judge

M Baloyi

The Labour Court dismissed a review application after finding the applicant had delayed prosecution for almost 23 months without explanation or good cause.

• Review Application Delay
• Rule 11 Dismissal
• Arbitration Award Enforcement
• Review-application-delay
• Rule-11-dismissal
• Labour-court-procedure