Minister of Department of Rural Development and Land Reform and Others v Jacobs and Another

The respondents instituted review proceedings in February 2022 to review and set aside a decision awarding them compensation of R36 000 in respect of land claims. In those review proceedings, the present applicants (the Minister, Director-General, and land claims authorities) were required to file the record of decision and an answering affidavit within prescribed time periods under the Land Claims Court rules. The record was filed approximately one and a half months late, and the answering affidavit was filed on 22 June 2022 instead of by 31 May 2022. After being served with notices to bar, the applicants applied for condonation for the late filing of their answering affidavit.

Condonation for the late filing of the answering affidavit was granted; the applicants were given five days to file the answering affidavit; the applicants were ordered to pay the costs of the condonation application.

The case reaffirms the application of Constitutional Court condonation principles in the Land Claims Court and illustrates that even where explanations for delay are weak, condonation may still be granted if refusal would undermine the interests of justice. It also underscores that state litigants and their legal representatives are expected to comply strictly with procedural rules and may be penalised with adverse costs orders for lax conduct.