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South Africa decisions
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Brinant Security Services (Pty) Ltd v Rachoshi and Others (A217/2024; 25318/2017) [2025] ZAGPPHC 160 (14 February 2025)
The Full Court upheld Brinant’s appeal, set aside the Pension Funds Adjudicator’s determination, and held the complaint was time-barred and settled.
P.C v Minister of Safety and Constitutional Development and Another (2013/33619) [2024] ZAGPJHC 1165 (19 November 2024)
The High Court dismissed a condonation application for late notice under the Organ of State Act, finding no good cause and prejudice to the respondents.
Dumas v Concord Group CC (NCT/324897/2024/148(1)) [2024] ZANCT 38 (26 September 2024)
The Tribunal granted condonation for a late leave-to-refer application on a continuing-product complaint, but held an older 2013 complaint was time-barred.
Love v Attorneys' Fidelity Fund Board of Control and Others (07793/15) [2024] ZAGPJHC 103 (18 January 2024)
The court found that the Fund failed to exercise its statutory discretion under section 48(2) of the Attorneys Act when expressly requested to extend the time period for lodging the applicant's claim. The Fund's rejection letter and subsequent reasons made no reference to the extension request, and its later affidavit confirmed no consideration was given. This omission constituted a reviewable irregularity under PAJA. The court held that, on the objective facts, the applicant lodged his claim as soon as practicable after acquiring actual knowledge of the theft, and the Fund was duty-bound to…
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National Consumer Commission v Wynberg Used Cars (Pty) Ltd (NCT/278553/2023/73(2)(b)) [2023] ZANCT 41 (29 September 2023)
The National Consumer Tribunal dismissed a CPA referral as time-barred, holding that complaints about vehicle repairs arose more than three years before the application.
Mugwena and Another v Minister of Safety and Security (303/2003) [2005] ZASCA 117; [2006] 2 All SA 126 (SCA); 2006 (4) SA 150 (SCA) (29 November 2005)
The Supreme Court of Appeal held that the appellants' failure to comply with the statutory time-bar provisions of section 57(1) and (2) of the South African Police Service Act was neither blameworthy nor prejudicial to the respondent, given the appellants' lack of legal sophistication, reliance on their attorney, and absence of wilful delay. The interests of justice required that the court dispense with the statutory requirements, especially as the claim included minor children. On the merits, the court found that the respondent failed to prove that the shooting of the deceased was justified…
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Transnet Ltd. v Ngcezula (288/93) [1994] ZASCA 192; 1995 (3) SA 538 (AD); [1995] 2 All SA 111 (A) (30 November 1994)
The Supreme Court of Appeal held that the repeal of section 64(3) of the South African Transport Services Act 65 of 1981 did not retrospectively extinguish the accrued rights and obligations of the parties. Both the right of Transnet (as successor to SATS) to resist the claim due to late lodging, and the respondent's right to apply for special leave, survived the repeal by virtue of section 12(2) of the Interpretation Act 33 of 1957. The court found that the respondent had demonstrated special circumstances for her delay, namely her severe injuries and inability to instruct her attorney, and…
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Pizani v Minister of Defence (75/87) [1987] ZASCA 73 (25 August 1987)
The court held that the appellant’s claim was time-barred under section 113(1) of the Defence Act and dismissed the appeal with costs.
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