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South Africa decisions
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Naude v Breda N.O and Others (46807/11) [2022] ZAGPPHC 855 (7 November 2022)
The High Court dismissed a delayed action for want of prosecution, finding an inordinate and inexcusable 11-year delay and serious prejudice to the applicant.
Kleynhans and Others v Overstrand Municipality (A231/2016) [2017] ZAWCHC 21 (13 March 2017)
The court held that the delay in prosecuting the main application, which lasted between nine and twelve months, was not inordinate or unreasonable in the context of an opposed motion where most evidence had already been filed. The appellants had communicated their intention to proceed, and the respondent was not misled into believing the case had lapsed. The explanation for the delay, although unsatisfactory, did not amount to an abuse of process, and the respondent failed to demonstrate serious prejudice resulting from the delay. The court found that the Municipality could have pursued less…
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Sibeko v Minister of Home Affairs and Others (59025/2011) [2016] ZAGPPHC 1239 (19 October 2016)
The High Court dismissed an application relating to a claimed customary marriage and estate administration, finding the matter had not been properly prosecuted.
NUMSA and Others v Paint and Ladders (Pty) Ltd and Another (J4106/00) [2016] ZALCJHB 127 (18 March 2016)
The Labour Court dismissed a long-delayed unfair dismissal claim, finding the applicants failed to prosecute it timeously and diligently.
Pheelo and Others v Leeudoorn Gold Mine (J1626/99) [2000] ZALC 146 (13 December 2000)
The Labour Court refused to lift a procedural bar, finding no good cause for the workers’ failure to attend pre-trial proceedings and dismissing the matter.
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