Skip to main content

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?
_____________________________________

  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]).
October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?