- Flynote
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Condonation — late filing of application for leave to appeal, record and written submissions — lengthy delay in filing of record criticised — importance of issues raised and public interest justifying airing of dispute and granting of condonation
Consent order — order recording settlement reached between parties — requirements for grant of such order — order related to lis between parties — consistent with Constitution, law and public policy – holding some practical or legitimate advantage for parties
Consent order — non-compliance with requirements for grant of such order — consent order unrelated to lis, inconsistent with Constitution, Local Government: Municipal Structures Act 117 of 1998 and Local Government Ordinance 17 of 1939 and holding no practical or legitimate advantage — attorney lacking authority to consent to order
Rescission of consent order — delay in seeking — requirements for grant of rescission at common law — residual discretion to refuse
Costs — unsatisfactorily explained delays — costs not following suit
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Cited documents 34
Judgment 30
Legislation 4
| 1. | Constitution of the Republic of South Africa, 1996 | 4578 citations |
| 2. | Local Government: Municipal Structures Act, 1998 | 4155 citations |
| 3. | Disaster Management Act, 2002 | 1212 citations |
| 4. | Property Valuers Profession Act, 2000 | 112 citations |