- Minister of Agriculture and Land Affairs v C J Rance0.58 MB
Summary: Condonation in terms of section 3(4)(b) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 - rationale for notice period discussed - factors to be considered for condonation - statutory requirements not met.
Order:
On appeal from: North Gauteng High Court, Pretoria (Tlhapi AJ sitting as court of first instance):
1 The appeal is upheld with costs, including the costs of two counsel.
2 The order of the court below is set aside and substituted with the following:
'1 The application for condonation in terms of paragraphs 2 and 3 of the Notice of Motion is dismissed with costs, including the costs of two counsel.
2 The respondent's application to strike out the replying affidavit, with the exclusion of paragraphs 26, 27, 28, 45 and 84 is granted with costs, including the costs of two counsel.'
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