The Condonation Application

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The Condonation Application

Uploaded by

Nishok Nundlall

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THE

CONDONATION
APPLICATION
WHAT IS IT?
In South African civil procedure, a
condonation application is a formal
request to the court seeking
forgiveness or permission for failing to
comply with a procedural time limit or
requirement. Condonation applications
are typically filed when a party has
missed a deadline for submitting
documents, such as filing an appeal,
answering affidavits, or meeting other
procedural timeframes prescribed by
the court rules or legislation.
THE PURPOSE
Condonation applications allow
the court to exercise its discretion
to permit late filings and prevent
unjust outcomes due to
technical failures. This ensures
that cases are not dismissed
solely on procedural grounds if
there are valid reasons for the
delay.
THE APPLICABLE
COURT RULES
In the High Court, condonation applications
are generally brought under Rule 27(1) of
the Uniform Rules of Court.

Rule 27 states that "in the absence of

agreement between the parties, the court
may, on application and on good cause
shown, make an order extending or
abridging any time prescribed by these
rules or by an order of court." This includes
time limits for filing documents and taking
procedural steps.

Therefore, under Rule 27, a party seeking

condonation must demonstrate "good
cause" for the delay, which requires an
explanation for the delay, prospects of
success, and other relevant factors.
In the Magistrates’ Courts, Rule 60(5) of the
Magistrates’ Court Rules allows for
condonation applications.

This rule states that “the court may, on

application and on good cause shown,
condone any non-compliance with these
rules.” It has similar requirements to the
High Court rules, meaning the applicant
must demonstrate "good cause" for non-
compliance.

The requirements to succeed in a

condonation application are broadly the
same as in the High Court: a reasonable
explanation for the delay, an assessment
of prospects of success, and the absence
of undue prejudice to the other party.
THE PROCESS
Drafting the Affidavit: The
applicant must submit a supporting
affidavit, detailing reasons for the
delay, outlining the merits of the
case, and explaining why
condonation is justified.
Notice to the Other Party: The
application must be served on the
opposing party, who may oppose
the condonation application by
filing a responding affidavit. The
respondent might argue that the
delay was unreasonable or that it
prejudices their case.
Court’s Discretion: The court has broad
discretion in deciding whether to grant or
refuse condonation, considering all the
facts and circumstances. Courts are
generally more lenient in cases involving
public interest or constitutional rights but
are strict in commercial matters where
compliance with deadlines is crucial.

Potential Costs Orders: If the condonation

application is granted, the court may issue
a costs order against the applicant,
especially if the delay was due to
negligence or was prolonged. This serves
as a deterrent against unnecessary or
unjustified delays.
KEY REQUIREMENTS
FOR CONDONATION
A successful condonation application
in South African civil procedure must
establish the following:
A detailed explanation for the
delay.
Reasonable length of the delay.
Good prospects of success on the
merits of the case.
Absence of intentional delay or
negligence.
Minimal or no prejudice to the
opposing party.
Public interest considerations, if
relevant.
EXPLANATION FOR
THE DELAY
The applicant must provide a detailed
and reasonable explanation for the
delay. This explanation should cover
the entire period of delay and must be
comprehensive enough to show that
the delay was unintentional or due to
unavoidable circumstances. Courts
expect a full account of the reasons
behind the delay. Vague, insufficient,
or unreasonable explanations may
lead to the application being denied.
LENGTH OF THE
DELAY
The court will consider the duration
of the delay. A shorter delay with a
reasonable explanation is more
likely to receive condonation, while
an extended delay, especially one
caused by negligence, may
negatively impact the application.
The applicant should provide a clear
timeline to show the court exactly
when and how the delay occurred.
PROSPECTS OF
SUCCESS ON THE
MERITS
The applicant must demonstrate that
they have reasonable prospects of
success on the merits of the main case.
If there is little chance of success, the
court may not grant condonation, as it
would serve no purpose in prolonging a
case with slim chances of a favorable
outcome. This is a critical factor, as
courts are more willing to grant
condonation if they believe there is a
strong case for the applicant.
ABSENCE OF
INTENTIONAL DELAY
OR NEGLIGENCE
The applicant must show that the
delay was not caused by deliberate or
reckless conduct or gross negligence.
If the delay resulted from a genuine
oversight, unavoidable circumstances,
or actions taken in good faith, the
court is more likely to consider
condonation. Condonation may be
denied if the court finds that the
applicant disregarded deadlines or
intentionally ignored procedural rules.
IMPACT ON THE
OPPOSING PARTY
The court will consider whether
granting condonation would cause
undue prejudice to the opposing party.
If the delay negatively impacts the
other party’s case or rights, it could
weigh against condonation. Courts are
more inclined to grant condonation if
the opposing party is unlikely to suffer
any serious harm or prejudice due to
the delay.
PUBLIC INTEREST
CONSIDERATIONS (IF
APPLICABLE
In some cases, the court will take into
account broader public interest factors,
especially when constitutional rights or
significant legal principles are involved.
This factor is more commonly
considered in cases where the
outcome may have wider implications
beyond the parties directly involved
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