Procedural law and practice : review of November 2015 session of Court of Appeal

• DOI: 10.10520/EJC196797
• Published date: 01 January 2016
• Pages: 33-43
• Author: L. Matee
• Date: 01 January 2016

REVIEW OF NOVEMBER 2015 SESSI ON OF COU RT OF

APPEAL

PROCEDURAL LAW AND PRACTIC E

MATEE, L⃰

MOLAHLI V MORIJA PRESS BOARD (C OF A (CIV) NO 1 OF

2015)

The decision of the Court of Appeal in Molahli v Morija Press

Board introduced what some scholars and legal practitioners

may refer to as ‘the confusing element of co ndonation

application’. Condonation application in this context may be

defined as an application which a party that has failed to

comply with a certain rule or rules of court makes in terms of

which that party requests the court to condo ne his non-

compliance.

1

Prior to the decision of the Court of Appeal in

Molahli’s case, legal practitioners and all stake holders within

the legal fraternity believed that the law was settled, at least in

respect of condo nation applications.

For a long period of time, our courts were followi ng the

principles laid down in Melane v Santam Insurance Co. Ltd

2

⃰ LL.B (NUL ); LL.M (UK ZN); Lecturer, Natio nal Univers ity of Lesotho

1

Cilliers A et al ( ed) Herbstein and Van Wi nsen, The Civil Practice of

the High Courts and the Supreme C ourt of Appe al of South Africa p938.

2

1964 (4) SA 531 (A).