James Thomas Evans v Western Province Athletics

Mr James Thomas Evans laid complaints against members of Western Province Athletics (WP Athletics), leading to arbitration proceedings that culminated in a settlement agreement. Clause 3 of the settlement required all disciplinary matters to be referred back to WP Athletics’ Disciplinary Committee for reconsideration. The arbitration award was made an order of court by consent in November 2021. In August 2022, a further court order required WP Athletics to commence disciplinary proceedings within 30 days and complete them within 90 days, failing which Mr Evans could institute contempt proceedings. Mr Evans launched contempt proceedings alleging non-compliance, but did so after 90 calendar days rather than court days. The High Court dismissed the contempt application and extended the time for completion of the disciplinary processes. Applications for leave to appeal and special leave to appeal were refused. Mr Evans then applied under s 17(2)(f) of the Superior Courts Act for reconsideration of the refusal of special leave to appeal.

The application for reconsideration in terms of s 17(2)(f) of the Superior Courts Act was struck from the roll, with no order as to costs.

The case reaffirms the strict and narrow scope of reconsideration under s 17(2)(f) of the Superior Courts Act. It consolidates jurisprudence confirming that the provision is not a further appeal mechanism and is reserved for truly exceptional circumstances involving grave injustice or disrepute to the administration of justice. The judgment also underscores the importance of correct computation of court days versus calendar days in compliance with court orders, particularly in contempt proceedings.