What is the legal definition of condonation?

• the degree of lateness;
• the reasons for the late referral;
• the prospects of success in the underlying dispute; and.
• any other relevant factors, including any prejudice that either party may suffer.

What is the meaning of condonation in law?

Within the legal profession, condonation (or a condonance) is a defence argument sometimes made when an accuser has previously forgiven or chosen to ignore an act about which they are now legally complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing.

What is the case law for condonation?

“It is now trite that condonation cannot be had for the mere asking. A party seeking condonation must make out a case entitling it to the court's indulgence. It must show sufficient cause. This requires a party to give a full explanation for the non-compliance with the rules or court's directions.

What are the valid reasons for condonation of delay?

Instances where condonation is allowed-

Illness of the person filing the suit or appeal or application. Party is a pardanashin woman. Party is illiterate. Delay caused due to the pendency of the writ petition.

How do you oppose condonation?

The other party has the opportunity to oppose the application in writing within five (5) days from date the application was served on that party. The applicant has the opportunity to respond to the other parties' allegation within three (3) days, however no new issues can be raised at this stage.

What is an example of implied condonation?

Implied Condonation: Implied remission happens when the actions of the creditor demonstrate an unmistakable intent to release the debt. For example, the voluntary return or destruction of the instrument of the obligation (e.g., a promissory note) signifies implied condonation under Article 1271.

What happens if condonation is not granted?

[4] If condonation is not granted, then this Court lacks the necessary jurisdiction to consider the Review Application and the Review Application stands to be dismissed. If the condonation is granted, then I will turn to consider the merits of the Review Application.

What is the power of condonation?

The condonation of delay is a remedy and not a right to the aggrieved party. Even if the party successfully provides a sufficient cause, the Courts have the discretionary power to deal with the application of condonation of delay. The word “sufficient cause” is an important phrase in this section.

What is a letter of condonation?

A condonation application is made through a written affidavit requesting a 'pardon' from the commission for the lateness in referring a matter. Section 191 of the LRA determines the time frames within which employees must refer disputes to the CCMA.

What is period of condonation?

Condonation of delay is a discretionary remedy exercised by courts wherein, upon an application made by a party who wishes to have an appeal or application admitted after the prescribed period, the court may condone (overlook) the delay if the party provides a “sufficient cause” that hindered them from filing the ...

What is the defense of condonation?

As a defense in a divorce action, condonation means forgiveness, express or implied, by one spouse for a breach of marital duty by the other.

What does condon mean in law?

1. to overlook or forgive (an offence) 2. law. (esp of a spouse) to pardon or overlook (an offence, usually adultery)

What is a condonation in law?

condonation n

[Medieval Latin condonatio remission, pardon, from Latin condonare to give away, absolve] : voluntary overlooking or pardon of an offense. ;specif. : express or implied and usually conditional forgiveness of a spouse's marital wrong (as adultery or cruelty)

Is there a time limit for condonation?

An employee must refer the dispute to the CCMA within 30 days. If the employee fails to do this within that time period, he is required to make application to the Commission to condone the reason that he failed to refer his case timeously.

How do I make a condonation request?

How much delay can be condoned?

If the cause for delay would fall within the four corners of “sufficient cause”, irrespective of the length of delay same deserves to be condoned. However, if the cause shown is insufficient, irrespective of the period of delay, same would not be condoned.”, the court said.

What happens if condonation request is approved?

Only after submission of such request, you will be able to verify your return. However, the return will be treated valid only if the condonation request has been approved by the competent Income Tax Authority.

What is condonation appeal?

He / she is required to make application to the CCMA to condone the fact that he/she failed to refer the dispute timeously. Condonation, in this sense, is the action of excusing a party's failure to comply with the timeframes prescribed for referral of a dispute to the CCMA.

What is the rule of condonation?

The notion of condonation of delay encompasses the discretionary power of a court to extend the prescribed time limit for filing an appeal or application. It pertains to the mechanism by which a court may grant clemency for the delay in submitting an appeal or application beyond the stipulated timeframe.

What is the difference between Connivance and condonation?

Condonation means that the accusing spouse approved of the other spouse's actions while they were happening. Another defense is connivance, which means that the accusing spouse arranged the circumstances so that their spouse would engage in the activities now complained of.

What is the meaning of condonation of breach?

Condonation is the act of forgiving, excusing, or overlooking a breach or failure to perform as per the terms of a contract. In legal terms, condonation signifies the intentional overlooking or pardoning of an act that would otherwise constitute a breach of contract.