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South Africa decisions
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Road Accident Fund v Mashishi (625/2022) [2025] ZALMPPHC 86 (7 May 2025)
High Court dismissed the Road Accident Fund’s rescission application, finding no satisfactory explanation for default, no bona fide defence, and unjustified delay.
Road Accident Fund v Nibe (76672/2017) [2025] ZAGPPHC 24 (16 January 2025)
The court found that the applicant was deprived of an opportunity to contest the amendment to the particulars of claim, which increased the amount claimed for loss of earnings substantially. The respondent failed to comply with Rule 28(2) by not giving notice of the amendment, resulting in a procedural irregularity. The applicant provided a reasonable and acceptable explanation for its default, citing the expiration of its panel attorneys' contracts and subsequent lack of representation. The applicant also demonstrated a bona fide defence with prospects of success, as the amendment re-opened…
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Nzuza and Others v National Director of Public Prosecutions and Others (Leave to Appeal) (70192/17) [2024] ZAGPPHC 1360 (27 December 2024)
Condonation for the late filing of the application for leave to appeal was granted as the explanation, though lacking in detail, was reasonable and covered the entire period of delay. The application for leave to appeal was refused because the applicants failed to meet the threshold under section 17 of the Superior Courts Act. The invocation of section 173 of the Constitution to regulate abuse of court procedures was correct, as the delay in prosecuting the review was procedural and fell within the court's inherent jurisdiction. The test for undue delay was properly applied, with reference to…
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Petersen and Others v SASSA (1106/2023; 1139/2023; 1053/2023) [2024] ZASCA 173; 2025 (3) SA 153 (SCA) (12 December 2024)
The Supreme Court of Appeal held that SASSA's decision to procure and pay for close protection services for officials of the Department of Social Development and their children was ultra vires the SASSA Act and therefore unlawful. The delay in bringing the review was explained by the sequence of events following the Auditor General's findings and subsequent attempts to recover the expenditure, and was condoned as the interests of justice required the matter to be heard. The claim for repayment was not extinguished by prescription, as the relief sought was a public law remedy and not a debt un…
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Premier of Eastern Cape Province and Another v Tikayo (PR225/2022) [2024] ZALCPE 47; (2025) 46 ILJ 628 (LC) (29 November 2024)
The court found that the applicants, representing the Office of the Premier, failed to bring the review application within a reasonable time. The calculation of undue delay must be assessed from when the Office of the Premier, as a juristic entity, reasonably ought to have become aware of the alleged irregularity in Mr Tikayo's appointment as CFO. Evidence indicated that the irregularity was apparent as early as October 2019, if not earlier, and the application was only launched three years later without any reasonable explanation for the delay. The court held that such a significant delay is…
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Kgoshi Ngoako Isaac Lebogo and Another v Headman Matome Kobe and Others (1204/2021) [2024] ZASCA 160 (18 November 2024)
The Supreme Court of Appeal held that the review application was instituted almost six years after the respondents became aware of the Premier's decision to remove them as headmen/headwomen. The respondents failed to provide a full and reasonable explanation for the delay and did not bring a proper condonation application. The court found that internal remedies under s 21 of the Framework Act were not applicable, as the Premier was the decision-maker and could not simultaneously act as a party and resolver of the dispute. The delay was inordinate and largely unexplained, undermining the princ…
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Naidoo v Land Claims Commission Kwazulu Natal (Leave to Appeal) (LCC112/2021) [2024] ZALCC 32 (19 September 2024)
The Land Claims Court granted leave to appeal after a review dismissal on locus standi and PAJA delay. The court found reasonable prospects of success.
Mashiyi v Qhayiso and Others (1806/2019) [2024] ZAECMHC 46 (18 June 2024)
The court found that the applicant, Dr Mashiyi, failed to take possession of the land for 19 years after the alleged allotment in 1998, contrary to the custom requiring occupation within six months. The applicant's explanation for the delay was inadequate and did not cover the entire period. The evidence showed that the land was lawfully reallotted to the first and third respondents by the traditional authority, and the third respondent had developed the land based on valid documentation and confirmation from the Chief. The applicant's documents were inconsistent and did not support his claim…
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Sithelo and Another v Premier of the Eastern Cape Province and Others (2607/2022) [2024] ZAECMHC 17 (9 April 2024)
The High Court dismissed a delayed review over a traditional leadership dispute, finding the explanation for delay inadequate and the matter res judicata.
Marothodi Metsi (Pty) Ltd v Uthukela District Municipality and Others (8216/2022P) [2024] ZAKZPHC 11; [2024] 2 All SA 433 (KZP) (20 February 2024)
The court found that the tender process was fundamentally defective and failed to comply with constitutional and statutory requirements. The bid was submitted by a non-existent entity, and compulsory documentation, including audited financial statements, was not provided. The bid evaluation committee improperly allocated points and failed to scrutinize the applicant's capacity and experience, which were unsupported by evidence. The contract was concluded before the award was announced, suggesting collusion and unfairness. The applicant's conduct was found to be potentially dishonest, and the…
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