Festive Breaks vs. Legal Deadlines: Can Postponements Deliver Justice?

Like in many countries, during the festive season in South Africa, most activities come to a near standstill, including the operations of the courts. The Rules of Court recognise dies non (days on which the courts do not sit). Although the exact dates may vary each year, dies non typically extends from the 16^th of December to the 15^th of January. This “break” serves an important purpose for all role-players. However, it can create challenges for litigating parties.

One common issue arises when court hearing dates are scheduled a few days or weeks after the dies non period ends. During this time, legal representatives, witnesses, and court officials may have been away, resulting in insufficient preparation for the hearing. Additionally, dies non may interfere with the calculation of days for the service and filing of court documents. In such cases, while not ideal, it may be prudent for the affected parties to seek court postponements.

It is important to note that postponements are not a right to which litigants are automatically entitled. Our courts emphasise the need to bring cases to finality without unnecessary delays. Consequently, postponements are granted only when the interests of justice warrant them.

In the case of Lekolwane and Another v Minister of Justice, the Constitutional Court outlined key factors to consider in postponement applications:

1. The interests of justice: the party seeking postponement must show good cause.
2. The court’s discretion: when deciding whether to grant a postponement, the court will weigh factors such as:
   • The timing of the postponement application;
   • The adequacy of the explanation for the request;
   • Whether the other party will suffer prejudice, and if so, to what extent;
   • Whether the application is opposed and the grounds for such opposition;
   • Broader public interest considerations;
   • The prospects of success in the hearing.

While these factors are generally applied, each case is unique and may require the court to consider additional circumstances.

To avoid the need for postponements due to inadequate preparation, it is crucial for litigants to prepare diligently and attend to necessary processes in a timely manner. Postponements are granted only in exceptional cases and should not be relied upon as a fallback option.

Mtho Maphumulo

Senior Associate | Litigation Attorney

View Bio