South Africa Case Law

Sithelo and Another v Premier of the Eastern Cape Province and Others (2607/2022)

Sithelo and Another v Premier of the Eastern Cape Province and Others (2607/2022) [2024] ZAECMHC 37 (21 May 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2607/2022

Judge

B R Tokota

The application for leave to appeal was dismissed because the grounds of appeal were not clearly and succinctly stated as required by Rule 49. The court found that the application was properly dismissed for undue delay and lack of condonation, as the relief sought, although framed as a declaratory order, was in substance a review and thus subject to the same procedural requirements. The matter was also found to be res judicata, as it involved the same parties and cause of action as previous litigation. The court exercised its discretion regarding costs appropriately, and there were no excepti…

Source excerpt

• Leave To Appeal
• Condonation
• Res Judicata
• Unreasonable Delay Rule
• Declaratory Order

NACBAWU and Others v Springboc Box t/a Summit Associated Industries (J2367/06)

NACBAWU and Others v Springboc Box t/a Summit Associated Industries (J2367/06) [2010] ZALC 142; (2011) 32 ILJ 689 (LC) (1 October 2010)

Court

Labour Court

Case number

J2367/06

Judge

Molahlehi

The Labour Court dismissed a declaratory application because the union and employees delayed 29 months in prosecuting it and failed to explain the delay adequately.

• Unreasonable Delay Rule
• Lockout
• Protected Strike
• Replacement Labour
• Declaratory Relief
• Condonation