MOGOENG J
Condonation: submissions
[32] The Minister filed submissions, apparently prepared by junior counsel, on time.
More detailed submissions prepared by both senior counsel and her junior were filed
three days before the date of the hearing.18
Affidavits filed in support of the
application for condonation were deposed to by people who have personal knowledge
of only some of the issues surrounding the delay sought to be condoned.19 Hearsay
evidence is thus relied on in an attempt to explain why the Minister‘s submissions
were filed late. At least one of the two counsel should have explained the delay. The
manner in which this matter was handled by the legal representatives of the Minister is
unacceptable.
[33] What ameliorates the failure to observe practice and the rules is that the late
submissions do not really differ substantially from the shorter submissions. They
merely elaborate on what had already been raised. For this reason, nothing raised
therein could be said to have taken any of the other parties by surprise, and to have
prejudiced them.
[34] It is trite that the interests of justice require that all issues pertaining to a matter
be ventilated fully and for all parties to be given the opportunity to state their case as
comprehensively as possible.
Additionally, none of the parties opposed this
18
In terms of the directions issued by the Court on 9 May 2011, the Minister‘s written submissions were to have
been lodged by 12 July 2011.
19
The affidavits submitted were that of the Assistant State Attorney and that of his secretary, the latter being a
confirmatory affidavit.
12
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