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South Africa decisions
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Mnisi v Nhlapho (2021/53980) [2024] ZAGPJHC 376 (16 April 2024)
The court held that condonation could be sought within the replying affidavit, granted condonation for the late filing, and allowed limited further affidavits on identified new matter.
Democratic Alliance v Thabazimbi Municipality and Others (475/2023; 762/2023) [2023] ZALMPPHC 35 (17 March 2023)
The High Court removed two urgent applications from the roll for procedural non-compliance, holding that urgency and intervention were not properly established.
Sehwana and Others v Meribrite (PTY) Ltd (Bendor Engen) (JR 443/2018) [2022] ZALCJHB 205 (2 August 2022)
The Labour Court granted condonation for the late filing of a statement of claim in an unfair dismissal matter, finding the delay satisfactorily explained.
South African Clothing & Textile Workers Union and Others v Nutrichem (Pty) Ltd (J 841/21) [2021] ZALCJHB 179 (2 August 2021)
Urgent application to compel discovery in an unfair dismissal dispute was struck off because the applicants delayed and failed to show true urgency.
IBR Fire Protection CC t/a IBR Fire v Minister of Labour and Others (70285/13) [2015] ZAGPPHC 972 (7 August 2015)
The court dismissed an application to strike a late answering affidavit, holding that Rule 6(5)(f) provided the specific procedure, not Rule 30 or 30A.
Volkwyn v Williams and Others (4398/2007) [2008] ZAWCHC 255 (28 August 2008)
The court held that the law is clear: all persons with a direct and substantial interest in the relief sought must be joined as parties. In proceedings to declare a will invalid, this includes all beneficiaries and the executor. The applicant failed to join Roy and Barbara Volkwyn and the co-executor, Mr Bey, despite being notified of this defect. Mere notice or non-intervention by interested parties does not suffice, as it does not amount to an undertaking to be bound by the judgment. Without formal joinder, the court is precluded from deciding the merits of the application. The application…
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