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South Africa decisions
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S v Jonas and Others (REV17/2023;18/202319/2023;20/2023) [2023] ZALMPPHC 18 (13 April 2023)
The High Court set aside a magistrate’s order striking criminal cases off the roll for lack of S.212 affidavits in immigration charges.
Mamulo Trading and Projects v Johannesburg Road Agency and Another (38169/2019) [2020] ZAGPJHC 153 (11 February 2020)
The court found that the order striking the matter from the roll was not final, did not dispose of any rights, and did not address the merits of the dispute. Therefore, it was not appealable. The applicant's counsel failed to demonstrate any new facts justifying urgency and attempted to mislead the court regarding previous proceedings. The application for leave to appeal was dismissed, and a punitive costs order de bonis propriis was imposed on applicant's counsel for abuse of process and unsatisfactory conduct as an officer of the court.
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North West Development Corporation (NWDC) v Mohlahlo and Another (J980/18) [2018] ZALCJHB 279 (23 August 2018)
The Labour Court dismissed NWDC’s leave-to-appeal application, finding no reasonable prospect that the Labour Appeal Court would reach a different result on costs or urgency.
Sibanyoni v Trans-Africa Projects (Pty) Ltd (J385/16) [2018] ZALCJHB 130 (13 March 2018)
The court found that both directives issued by judges in chambers regarding re-enrolment were not compliant with the enabling rules and lacked legal consequence. The applicant's explanation for non-appearance was reasonable and acceptable, as the notice of set down was sent to her former attorneys and not to her directly, and there was no evidence she received notification from the respondent. The court held that prospects of success play a minimal role at the stage of re-enrolment; the applicant must be afforded the opportunity to ventilate her condonation application in open court in line w…
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Road Accident Fund v Commission for Conciliation, Mediation And Arbitration and Others (J701/16) [2016] ZALCJHB 297 (8 August 2016)
The court held that an order striking a matter off the roll for lack of urgency is not appealable under section 166(1) of the Labour Relations Act, as it lacks finality and does not dispose of the parties' rights or a substantial portion of the relief claimed. The applicant remains entitled to re-enroll the matter if urgency is established or to pursue the relief in the ordinary course. Remarks made on the merits within the judgment do not constitute definitive findings and do not render the order final. Consequently, there is no basis for granting leave to appeal.
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Ingquza Hill Local Municipality v South African Local Government Bargaining Council and Others (PR108/14) [2015] ZALCPE 62 (6 October 2015)
The Labour Court struck a dismissal application off the roll because a lis pendens point had to be decided first. No costs were ordered.
S v Ndibe (14/544/2010) [2012] ZAWCHC 245 (14 December 2012)
The High Court held that the magistrate erred by striking the matter off the roll without conducting the enquiry required by section 342A of the Criminal Procedure Act. The record did not reflect any investigation into the reasons for the delay or consideration of the statutory factors. The accused had already pleaded, and evidence had been led, making the remedy of striking off the roll inappropriate under section 342A(3)(c). Instead, the court should have considered other remedies, such as a wasted costs order. The order of the magistrate was therefore set aside. The judgment emphasized tha…
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Dlamini and Another v Chairperson Of The Commission On Traditional Leadership Disputes And Claims and Another (55175/2009) [2009] ZAGPPHC 389 (16 October 2009)
The court struck an urgent application off the roll because the applicants had not shown urgency or any refusal by the President to extend the commission’s mandate.
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