Date published: 01-04-2025

In the recent determination of Ho’s Enterprise (Pty) Ltd v Mngomezulu and Others (2355/2022) [2025] SZHC 27, the High Court of Eswatini addressed an application for condonation concerning the late filing of a review application. The court emphasized that condonation is an indulgence granted at the court’s discretion and is not a mere formality. The applicant bears the onus to provide a satisfactory explanation for the delay and demonstrate reasonable prospects of success in the underlying application.

Let’s take a step back and answer what is condonation exactly? Condonation is a legal principle where a court grants forgiveness or exemption for a party’s failure to comply with procedural rules, such as missing a deadline for filing documents. It is an indulgence provided at the court’s discretion, not an automatic right.

Key Considerations for Condonation:

1. Extent and Cause of Delay: The court assesses the length of the delay and the reasons provided. A brief delay with a compelling explanation may be more readily condoned than a prolonged delay without justification.​
2. Prospects of Success: The applicant must show that the underlying application has merit. Without reasonable prospects of success, condonation is unlikely to be granted, regardless of the explanation for the delay.​
3. Prejudice to the Respondent: The court considers whether granting condonation would cause undue prejudice to the opposing party.​

In this case, the High Court found that the applicant failed to provide a satisfactory explanation for the delay and did not demonstrate reasonable prospects of success in the review application. Consequently, the court refused to condone the late filing, underscoring the importance of adhering to procedural timelines and the necessity of providing compelling reasons when seeking condonation.​

This decision serves as a reminder to litigants in Eswatini of the critical importance of complying with procedural deadlines and the rigorous standards applied by courts when considering applications for condonation.

• For further information and legal advice on the above you may contact the writer.