Your trial period has expired.
Please subscribe to a plan to continue using the app.
Appeal — Condonation for late filing — Appellant's appeal lodged out of time with application for condonation — Notice of motion defective, lacking timelines for opposition and failure to serve necessary documents — Respondent raised points in limine regarding non-compliance with court rules — Appellant failed to provide reasons for the magistrate's order, rendering the appeal process defective — Court held that the lack of adherence to procedural rules and insufficient justification for delay warranted dismissal of the application for condonation.
Leave to appeal — Summary judgment — Application for leave to appeal against summary judgment for payment and special execution of property — Respondents conceding correctness of judgment and failing to raise compelling reasons for appeal — Court finding no reasonable prospect of success on appeal and dismissing application for leave to appeal.
Variation Order — Security for costs — Respondent directed to furnish security for applicant's costs in the form of a bank guarantee — Court correcting an error in the original order regarding the timing of the security provision — Variation made in accordance with rule 42(1)(b) of the Uniform Rules of Court.
Eviction — Illegal eviction — Interim relief granted to restore occupiers to property — Ekurhuleni Municipality evicted residents of N12 settlement without court order — Constitutional Court precedent requiring court authorization for evictions — Municipality's reliance on Presidential proclamation and GDARD document deemed insufficient — Holding that eviction and demolition of dwellings constituted illegal actions, warranting restoration of occupiers and provision of temporary housing pending final relief.
Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Compliance with notice requirements — Private eviction notice not a court-authorised notice — Sections 4(2) and 4(5) of the PIE Act require strict adherence to peremptory content and timing — Appellant, an unlawful occupier, contested eviction based on alleged ownership of the property by the deceased — Court of first instance dismissed the appellant's objections, leading to an appeal. Legal issue — Whether the first and second respondents complied with the notice requirements of the PIE Act and whether the court of first instance correctly assessed the evidence regarding ownership and alternative accommodation. Holding/Conclusion — The appeal was upheld; the court found that the respondents failed to meet the peremptory requirements of the PIE Act, the private eviction notice was invalid, and the dismissal of the appellant's evidence created a genuine dispute of fact regarding ownership, warranting the setting aside of the eviction order.
Labour Law — Unfair dismissal — Review of arbitration award — Applicant seeking to overturn CCMA award finding dismissal substantively unfair — Employee dismissed for alleged gross insolence and bringing company into disrepute — Commissioner found employee had permission to wear jeans and was not guilty of insolence; WhatsApp posts did not bring company into disrepute — Legal issue of whether the commissioner committed misconduct or exceeded powers in reaching decision. Holding: The Labour Court upheld the arbitration award, finding no grounds to overturn the commissioner's decision as the evidence supported the conclusion that the dismissal was substantively unfair.
Criminal Law — Rape — Appeal against conviction and sentence — Appellant convicted of multiple counts of rape and attempted rape of a minor — Conviction on count 1 set aside due to duplication with count 2 — No merit in claims of unfair trial or incompetence of legal representation — Minimum sentences imposed appropriate given the severity of the offenses and aggravating factors — Appeal against remaining convictions and sentences dismissed.
Labour Law — Review Application — Reinstatement of lapsed review application — Applicant failing to file condonation application for late delivery of review — Court finding no jurisdiction to entertain reinstatement without condonation — Application dismissed as ineffectual and lacking prospects of success.
Labour Law — Arbitration — Urgent application for stay of arbitration proceedings — Applicant seeking to interdict arbitration pending review of condonation ruling — Principles of urgency considered — Applicant satisfying urgency requirements — However, failing to establish exceptional circumstances for stay — Interests of justice and expedition paramount — Application to stay arbitration dismissed.
Companies — Liquidation proceedings — Suspension of proceedings under section 131(6) of the Companies Act 71 of 2008 — Applicants challenging the continuation of enquiry proceedings initiated by liquidators following the filing of a business rescue application — Court held that section 131(6) suspends liquidation proceedings, including enquiries, pending the outcome of the business rescue application — Deregistration and subsequent reinstatement of the company validated the liquidators' actions during the period of deregistration — Application dismissed with a punitive costs order against the applicants for abusive conduct.
Condonation — Failure to serve notice of intended legal proceedings — Applicant sought condonation for late notice under s 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 — Applicant sustained serious injuries in an accident on 23 June 2021, with notice served on 19 June 2023, two years after the accident — Court found that the debt had not prescribed, good cause existed for the delay, and the respondents were not unreasonably prejudiced — Condonation granted, allowing the summons served on 13 and 14 June 2024 to stand as valid notice.