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Article 34/2025

With reference to Dengetenge Holdings (Pty) Ltd v Southern Sphere Mining and Developments Co Ltd and Others [2013] 2 All SA 251 (SCA); [2013] JOL 30158
(SCA), what are the factors recently restated by the supreme court of appeal in Mhlontlo Local Municipality and Others v Ngcangula and Another (2024) 35 SALLR
132 (SCA) to be taken into account when evaluating applications for condonation?
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  1. It is trite that applications for condonation must contain a proper explanation for the period(s) of delay (SA Express Ltd v Bagport (Pty) Ltd [2020] ZASCA 13; 2020 (5) SA 404 (SCA), at paragraph [34]).
  2. The SCA held, in Dengetenge (supra), that other factors to be considered in determining whether to grant condonation include:
    1. ‘[11] …the degree of non-compliance, the explanation therefor, the importance of the case, a respondent’s interest in the finality of the judgment of the court below, the convenience of this court and the avoidance of unnecessary delay in the administration of justice (per Holmes JA in Federated Employers Fire & General Insurance Co Ltd and Another v McKenzie 1969 (3) SA 360 (A), at 362F-G).’
  3. In casu, the SCA took into account that it would be in the interests of justice to grant condonation as the delay was not excessive and the respondents had not been financially or otherwise prejudiced. It also took into account the prospects of success, which is an important, although not decisive, consideration (Commissioner for South African Revenue Services, Gauteng West v Levue Investments (Pty) Ltd [2007] ZASCA 22; [2007] 3 All SA 109 (SCA), at paragraph [11]).
August 10, 2026

What is the content of traditional consensus to indicate that an agreement exists between an employer and an employee?

If, on the traditional theory of consensus, a party fails to prove an agreement upon which it relies, with reference to Sonap Petroleum SA (Pty) Ltd v Pappadogianis 1992 (3) SA 234 (A), on what basis can a finding be made that quasi-mutual assent exists, founded on the approach that a party is precluded from denying the existence of an agreement based on their own conduct and the circumstances?

What does the three-fold enquiry entail to determine the presence of quasi-mutual assent?

In determining whether an agreement has been reached in the absence of traditional consensus, but on the basis of quasi-mutual assent, what is the extent of the duty on the party wishing to rely on such an agreement to, on the basis of reasonableness, enquire as to the contradictions that exist in the position of the other party so contained in correspondence?

August 3, 2026

Where do delictual claims fit into dispute resolution options applicable to employment disputes?

July 27, 2026

Before the BCEA Amendment Act of 2018 came into operation, if an employee was owed money in terms of a contract of employment, such employee’s only recourse was to utilise s77(3) of the BCEA to institute a claim with the labour court and the high court having concurrent jurisdiction.

In this period, before the BCEA Amendment Act of 2018, if monies were owed to an employee, in terms of a collective agreement, then, if the terms of such collective agreement had been incorporated into an employment contract, the above route was also the only avenue for such an employee.

Previous articles already dealt with some of the implications of s24 of the LRA. The CCMA only has jurisdiction over the interpretation or application of collective agreements and not the enforcement thereof.

What is the effect of the BCEA Amendment Act of 2018 on the dispute-resolution path for monies owed ito the National Minimum Wage Act (NMWA), a contract of employment, sectoral determination, or a collective agreement?