Minister of Trade and Industry v Klein NO and Hamman NO

The Minister of Trade and Industry sought to appeal against an order of the Pretoria High Court compelling him to direct the Registrar of Companies to provide liquidators of Corpcapital Limited with a copy of an inspectors’ report prepared under section 258(2) of the Companies Act 61 of 1973. Although leave to appeal was granted, the Minister failed to lodge the appeal record and prosecute the appeal timeously, causing the appeal to lapse. The record was filed more than a year late, and the application for condonation followed after further delay. The Minister attributed the delays to administrative difficulties within the State Attorney’s office. By the time of the application for condonation, the inspectors’ report had already been furnished to the liquidators, rendering the substantive dispute moot.

The application for condonation was refused with costs, including the costs occasioned by the appeal and the employment of two counsel.

The case underscores the strict approach taken by the Supreme Court of Appeal to applications for condonation, particularly where delays are excessive and poorly explained. It affirms the application of section 21A of the Supreme Court Act in dismissing appeals that are moot or academic and reinforces the principle that courts will not decide issues of law that have no practical effect for the parties. The judgment also highlights that organs of state are held to the same standards of procedural diligence as private litigants.