South Africa Case Law

Anglo American Emea Shared Services (Pty) Ltd and Another v Limpop Propellers CC and Others (899/2020)

Anglo American Emea Shared Services (Pty) Ltd and Another v Limpop Propellers CC and Others (899/2020) [2025] ZAGPJHC 147 (17 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

899/2020

Judge

GC Wright

The High Court removed an application from the roll after the respondent failed to comply with a discovery order. The respondent was ordered to pay wasted costs on scale C.

• Discovery Non Compliance
• Striking Out Defence
• Wasted Costs
• Service Of Documents
• Discovery-non-compliance
• Striking-out-defence

Kasirye Imaging (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR914/19)

Kasirye Imaging (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR914/19) [2024] ZALCJHB 194 (23 April 2024)

Court

Labour Court Johannesburg

Case number

JR 914/19

Judge

M Naidoo

The court found that the third respondent failed to diligently pursue his opposition to the review application, having taken no meaningful steps for nearly four years after the removal application before Patel AJ. The court held that the issues raised by the third respondent regarding service of documents had already been addressed by Patel AJ, and it was open to the third respondent to apply to vary that order if necessary, which he did not do. The court further found that the arbitrator's refusal to accept the applicant's bundle of documents at arbitration, solely because it was not indexed…

Source excerpt

• Review Of Arbitration Award
• Service Of Documents
• Diligent Prosecution
• Remittal For De Novo Hearing

Booking.com v National Consumer Commission and Another (NCT/262956/2023/73(2)(b))

Booking.com v National Consumer Commission and Another (NCT/262956/2023/73(2)(b)) [2023] ZANCT 23 (3 July 2023)

Court

National Consumer Tribunal

Case number

NCT/262956/2023/73(2)(b)

Judge

MC Peenze

The National Consumer Tribunal granted Booking.com condonation for the late filing of its answering affidavit, finding the delay minimal and in the interests of justice.

• Condonation
• Late Filing Of Affidavit
• Interests Of Justice
• Service Of Documents
• Late-filing-of-affidavit
• Service-of-documents

Malherbe v City of Johannesburg Metropolitan Municipality (16143/2021)

Malherbe v City of Johannesburg Metropolitan Municipality (16143/2021) [2022] ZAGPJHC 587 (22 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

16143/2021

Judge

E Dippenaar

The court found that the respondent complied with section 53(1) of the Local Government: Municipal Property Rates Act by notifying the applicant's authorised representative, Mr Malherbe, at the address and email provided in the objection forms. The power of attorney authorised Mr Malherbe to act on the applicant's behalf, including receiving notifications. The Act does not prescribe personal service on the applicant, and notification to the authorised representative is sufficient. Even if strict compliance was lacking, substantial compliance was achieved when the applicant's attorney received…

Source excerpt

• Municipal Property Rates Act
• Valuation Rolls
• Notification Of Outcome
• Compulsory Review
• Service Of Documents

General Industries Workers Union of South Africa and Another v Clover SA (PTY) Ltd and Others (JR 2776/16)

General Industries Workers Union of South Africa and Another v Clover SA (PTY) Ltd and Others (JR 2776/16) [2022] ZALCJHB 229 (16 August 2022)

Court

Labour Court Johannesburg

Case number

JR 2776/16

Judge

Prinsloo

The Labour Court held that the applicants complied with a reinstatement order by emailing the missing record, so the review remained reinstated and the jurisdiction point failed.

• Review Of Arbitration Award
• Reinstatement Of Lapsed Application
• Court Jurisdiction
• Service Of Documents
• Practice Manual Compliance
• Labour-review-applications

BCG Stainless Steel Service CC v Brits and Another (10781/2019)

BCG Stainless Steel Service CC v Brits and Another (10781/2019) [2021] ZAGPJHC 411 (27 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

10781/2019

Judge

F Bezuidenhout

The High Court ordered the respondents to pay wasted costs after a postponement, finding they had delayed notifying the applicant and were not ready to proceed.

• Postponement
• Wasted Costs
• Judicial Discretion
• Service Of Documents
• Wasted-costs
• Service-of-documents

Clink v Leinot and Others (C1192/2018)

Clink v Leinot and Others (C1192/2018) [2021] ZALCCT 27 (8 April 2021)

Court

Labour Court Cape Town

Case number

C1192/2018

Judge

Rabkin-Naicker

The Labour Court dismissed an application to archive a review, finding substantial compliance with the Practice Manual despite imperfect service on some respondents.

• Practice Manual Compliance
• Service Of Documents
• Condonation
• Rescission
• Review Proceedings
• Practice-manual-compliance

November v Metal Engineering Industries Bargaining Council (MEIBC) and Others (JR 2597-18)

November v Metal Engineering Industries Bargaining Council (MEIBC) and Others (JR 2597-18) [2021] ZALCJHB 19 (8 February 2021)

Court

Labour Court Johannesburg

Case number

JR2597/18

Judge

Deane

The Labour Court held that a late review application without condonation was not properly before it and dismissed it for lack of jurisdiction, with no costs order.

• Review Of Arbitration Award
• Condonation
• Jurisdiction
• Late Filing
• Service Of Documents
• Labour-law

Mpye v Kwikspace Modular Building (PTY) Ltd (JS968/19)

Mpye v Kwikspace Modular Building (PTY) Ltd (JS968/19) [2020] ZALCJHB 270 (3 December 2020)

Court

Labour Court Johannesburg

Case number

JS968/19

Judge

S Mabaso

The Labour Court dismissed both parties’ condonation applications, finding the applicant’s delay in filing the statement of claim inadequately explained and the respondent’s late answering affidavit similarly out of time.

• Condonation
• Late Filing
• Good Cause
• Costs Award
• Service Of Documents
• Late-filing

Siphayi and Another v Commissioner for SARS and Others (34975/2019)

Siphayi and Another v Commissioner for SARS and Others (34975/2019) [2019] ZAGPJHC 455; 82 SATC 248 (25 October 2019)

Court

South Gauteng High Court, Johannesburg

Case number

34975/2019

Judge

WHG van der Linde

The High Court granted interim relief stopping SARS from deducting money from the first applicant’s bank account pending proper notice under the Tax Administration Act.

• Tax Administration Act
• Personal Liability Of Representative Taxpayer
• Notice Requirements
• Urgent Interdict
• Third Party Payment
• Service Of Documents