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South Africa decisions
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Inventiva Power Minerals (Pty) Limited and Another v Eskom Holdings SOC Limited and Another (16202/19) [2020] ZAGPPHC 180 (25 May 2020)
High Court ordered Eskom to furnish a tender contract and SLA acceptance letter after holding the award remained binding until set aside.
Toba v Molopo Local Municipality and Others (JR2422/08) [2017] ZALCJHB 118 (28 March 2017)
The court found that the applicant's claim arising from the arbitration award had not prescribed, as the filing of review proceedings interrupted prescription and the award remained enforceable. The first respondent's review application was subject to excessive and unexplained delay, with no reasonable steps taken to prosecute the matter or reconstruct the record. The first respondent failed to comply with its procedural obligations and acted in a dilatory manner, prejudicing the applicant. The court held that the review application should be dismissed for unreasonable delay and that the arbi…
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POPCRU obo Sontlaba v National Commissioner of the South African Police Service and Others (C148/2013) [2016] ZALCCT 38 (27 October 2016)
The court found that SAPS, as dominus litis, failed to prosecute its review application for an excessive period of approximately three years. The explanation provided by SAPS was inadequate, and the delay was not justified by the circumstances. The court rejected SAPS's argument that the relevant period for assessing delay commenced only after the consent order, holding that the delay must be measured from the launch of the review application. The prejudice to the respondent was evident, and the review was not properly before the court as condonation had not been granted for late filing. The…
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Frans Meintjies New Tyre Manufacturers v Bargaining Council and Others (P137/07) [2012] ZALCPE 2; [2012] 6 BLLR 558 (LC); (2012) 33 ILJ 1725 (LC) (17 January 2012)
The Labour Court dismissed a review application for want of prosecution after an excessive, unexplained delay in pursuing the matter.
MEC Housing and Local Government (Limpopo Province) v General Public Services Sectoral Bargaining Council and Others (JR1985/2006) [2011] ZALCJHB 26; [2011] 8 BLLR 742 (LC) (10 February 2011)
The Labour Court refused to dismiss a review for delay, finding the explanation plausible and the review arguable despite an incomplete record.
Lion Match Company Ltd v Paper Printing Wood & Allied Workers Union and Others (406/99) [2001] ZASCA 73; 2001 (4) SA 149 (SCA); [2001] 11 BLLR 1202 (SCA) (30 May 2001)
The Supreme Court of Appeal dismissed a review-style challenge to a conciliation board application, holding the appellant delayed unreasonably in raising invalidity.
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