South Africa Case Law

Zulu v Road Accident Fund (2023/024137)

Zulu v Road Accident Fund (2023/024137) [2025] ZAGPPHC 714 (10 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/024137

Judge

R Hawman

The court held that the defendant, having been barred from delivering its plea, could not automatically re-enter the litigation or plead to the amended particulars of claim without a formal application to uplift the bar. The amendment of the plaintiff's claim did not constitute the introduction of new issues nor did it entitle the defendant to plead afresh. The only route available to the defendant was to apply for upliftment of the bar or for condonation, which was not done. Allowing automatic upliftment would undermine the plaintiff's rights and the court's discretion, and infringe the audi…

Source excerpt

• Default Judgment
• Notice Of Bar
• Amendment Of Pleadings
• Failure To Plead
• Rule 27 Condonation
• Road Accident Claim

ABSA Bank Limted v Ursula Felicity Rezant No (2451/2020)

ABSA Bank Limted v Ursula Felicity Rezant No (2451/2020) [2024] ZAECQBHC 36 (23 January 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

2451/2020

Judge

Zilwa

The court held that the defendant failed to bring a formal application for condonation supported by affidavit, as required by Rule 27 of the Uniform Rules. Consequently, the late replying affidavit was not accepted. On the merits of the amendment, the court considered the principles governing amendments to pleadings, including the need for bona fides, absence of irremediable prejudice, and the facilitation of the proper ventilation of disputes. The court found that, despite procedural shortcomings and delay, the interests of justice required that the defendant be granted leave to amend her pl…

Source excerpt

• Amendment Of Pleadings
• Rule 27 Condonation
• Special Plea
• Court Discretion
• Costs Order

Wesley v Minister of Police (219/20)

Wesley v Minister of Police (219/20) [2023] ZANWHC 32 (3 March 2023)

Court

North West High Court, Mafikeng

Case number

219/20

Judge

A Reddy

The High Court dismissed the Minister of Police’s application to uplift a bar, finding no good cause, no adequate explanation for delay, and no bona fide defence.

• Rule 27 Condonation
• Upliftment Of Bar
• Good Cause Requirement
• Default Judgment
• Bona Fide Defence
• Rule-27

Ndorum Joint Venture v Minister of Transport, National and Others (1194/2016)

Ndorum Joint Venture v Minister of Transport, National and Others (1194/2016) [2018] ZAECMHC 20 (29 March 2018)

Court

Eastern Cape High Court, Mthatha

Case number

1194/2016

Judge

Dawood

The court granted condonation for a late, amended exception, but imposed strict deadlines and costs against the Third Defendant for repeated procedural non-compliance.

• Exception Procedure
• Rule 23
• Rule 27 Condonation
• Abuse Of Process
• Costs Award
• Civil-procedure