South Africa Case Law

Macheke v Pooe (Appeal) (A7/2025)

Macheke v Pooe (Appeal) (A7/2025) [2025] ZAGPPHC 405 (29 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

A7/2025

Judges

Van der Schyff, Bam, Moshoana

The appeal was not prosecuted within the time limits prescribed by Uniform Rule 49(2), as the notice of appeal was filed after the twenty-day period and no condonation or reinstatement application was brought. The court cannot, on its own accord, grant an extension or reinstate a lapsed appeal without such an application, as this would deprive the respondent of the opportunity to oppose. The absence of a proper appeal record further compounded the procedural defects. Consequently, the court lacks jurisdiction to consider the merits of the appeal, which stands to be struck off the roll with co…

Source excerpt

• Uniform Rule 49
• Condonation
• Reinstatement Of Appeal
• Costs Order

MEC for Health Eastern Cape v A.S obo S.S (842/2023)

MEC for Health Eastern Cape v A.S obo S.S (842/2023) [2025] ZASCA 2 (15 January 2025)

Court

Supreme Court of Appeal

Case number

842/2023

Judges

Nicholls, Weiner, Keightley, Dolamo, Molitsoane

The Supreme Court of Appeal held that gross non-compliance with Rule 49 was not properly condoned and that causation in the medical negligence claim was not established.

• Condonation
• Medical Negligence
• Causation
• Uniform Rule 49
• Appeal Struck From Roll
• Uniform-rule-49

Harrys Tyres (Pty) Limited v Symes and Others (CIV APP FB10/2023)

Harrys Tyres (Pty) Limited v Symes and Others (CIV APP FB10/2023) [2024] ZANWHC 75 (13 March 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 10/2023

Judges

Hendricks JP, Petersen J, Mfenyana J

The Full Court refused condonation and reinstatement of an appeal that had lapsed, finding the delay inadequately explained and prejudicial to creditors.

• Condonation
• Reinstatement Of Appeal
• Uniform Rule 49
• Costs Order
• Lapsed Appeal
• Appeal-lapse

Symes N.O and Others v Harry's Tyres (Pty) Ltd (CIV APP FB 10/2023)

Symes N.O and Others v Harry's Tyres (Pty) Ltd (CIV APP FB 10/2023) [2023] ZANWHC 171 (15 September 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 10/2023

Judge

FMM Reid

The court finds that the appeal has lapsed ex lege in terms of Uniform Rule 49(6)(a) due to the respondent's failure to comply with the prescribed time periods for filing the appeal record and power of attorney. However, the court holds that applications for condonation and reinstatement of the appeal must be determined by the full court hearing the appeal, as expressly provided by Uniform Rule 49(6)(b) and supported by established practice and case law. The application for a declaratory order is therefore futile, as the appeal court retains the power to reinstate the appeal upon good cause s…

Source excerpt

• Uniform Rule 49
• Appeal Lapsing
• Condonation
• Declaratory Order

Dollavil Boerdery (Pty) Ltd v Jonker and Another (A72/2021;4303/2020)

Dollavil Boerdery (Pty) Ltd v Jonker and Another (A72/2021;4303/2020) [2023] ZAFSHC 263 (26 June 2023)

Court

Free State High Court, Bloemfontein

Case number

A72/2021;4303/2020

Judge

N.S. Daniso

The court found that the appeal had lapsed due to the respondents' failure to apply for a hearing date within the prescribed 60-day period after delivery of the notice of appeal, as required by Uniform rule 49(6)(a). The applicant's concession that dismissal of the appeal was not competent was accepted, and the court held that striking off the appeal was not legally sound, as such relief must be sought before the appeal court. The court further determined that the applicant was not prejudiced by the lapsed appeal, as the suspension of the eviction order terminated upon lapse, and the applican…

Source excerpt

• Eviction Order
• Appeal Lapse
• Uniform Rule 49
• Costs Award
• Reinstatement Of Appeal

Genesis One Lighting (Pty) Limited v Jamieson and Others (3212/2019)

Genesis One Lighting (Pty) Limited v Jamieson and Others (3212/2019) [2021] ZAGPJHC 862 (23 July 2021)

Court

South Gauteng High Court, Johannesburg

Case number

3212/2019

Judge

Gilbert AJ

The High Court held that the respondents failed to file a compliant appeal record and that the appeal had lapsed. The counter-application was dismissed.

• Uniform Rule 49
• Appeal Lapsing
• Condonation
• Appeal Record Compliance
• Appeal-lapse
• Uniform-rule-49

Jesse v Minister of Justice and Constitutional Development NO and Others (15349/2010)

Jesse v Minister of Justice and Constitutional Development NO and Others (15349/2010) [2011] ZAKZDHC 73 (18 October 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

15349/2010

Judge

Steyn

The court dismissed an application seeking to review a High Court judge’s order and challenge Uniform Rule 49, holding the proper remedy was appeal.

• Uniform Rule 49
• Uniform Rule 53
• Locus Standi
• Access To Court
• Bill Of Rights Application
• Civil-procedure