What is the power of condonation?
Asked by: Ms. Sarai Schimmel | Last update: November 27, 2025Score: 4.9/5 (27 votes)
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 condonation in simple terms?
con·do·na·tion ˌkän-də-ˈnā-shən. : voluntary overlooking or pardon of an offense. specifically : express or implied and usually conditional forgiveness of a spouse's marital wrong (as adultery or cruelty) Medieval Latin condonatio remission, pardon, from Latin condonare to give away, absolve.
What is an example of condonation?
For example, if a wife did not object to her husband's adultery even though she was aware of it, and she later tries to use it as grounds for a divorce or the basis for a settlement in her favor, he could counter these efforts by arguing that she had condoned his behavior.
What is the rule of condonation?
Condonation of Delay Under Limitation Act, 1963
It provides that the court can accept any appeal or application when filed after the limitation period if the appellant or applicant shows that he had a sufficient cause for not filing the appeal or application within the prescribed period.
What is a valid reason for condonation of delay?
Sufficient Cause to Grant Condonation of Delay:
Significant changes in the law. Serious illness of the applicant. Imprisonment of the applicant. The applicant being a pardanashin woman (living in seclusion) Delay in procuring copies from officials, provided the applicant initiated efforts to obtain them vigilantly.
Doctrine of Condonation (Explained)
What is the maximum condonation of delay?
Section 21(5) allows for condonation of delay up to 90 days on the presence of 'sufficient cause' that had led to the delay. Going even beyond the 90-day limit as provided by the statute, the Court has been generous in considering appeals that have a delay extending 90 days.
What are the principles of condonation?
There are several criteria that must be dealt with in an application for condonation. These are the degree of lateness, the reasons for the lateness, the referring party's prospects of succeeding with the referral and obtaining the relief sought against the other party and the balance of convenience.
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 is the defense of condonation?
Condonation is commonly a defense argument made by a person ( complainant ), who had previously either forgiven or ignored an act about which he/she is now legally complaining.
How to write an application for condonation of delay?
Request for Condonation:
We, therefore, pray that the delay in filing the appeal may be condoned. In view of the above facts, we submit that the delay was unintentional, for bona fide reasons and due to the circumstances beyond the control of the Appellant.
What is the process of condonation?
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 happens if condonation is not granted?
If condonation was granted, the dispute would proceed to the next process being either conciliation or con-arb. If condonation was refused, the CCMA cannot hear the dispute any further. The applicant may challenge the decision at the Labour Court.
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 request?
Condonation of delay is the process of requesting the Income Tax Department for allowing you to verify your ITR (after 120 days of filing your ITR) or submit your ITR (after the last date of filing) by citing the reasons of delay on your part.
What is a sentence for condonation?
Condonation of a breach enhances the probability.
What is the condonation fee?
Condonation is often used in the context of the judicial system. However, in the field of education, condonation refers to a fee that students have to pay if they do not have the required attendance at the end of the semester or year.
What is the law of condonation?
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.
How to prove condonation?
To prove condonation, the spouse at fault must first prove that the innocent spouse knew that the misconduct occurred. The spouse at fault must then show that the innocent spouse voluntarily chose to continue the marital relationship.
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.
What is the meaning of penalty condonation?
Under the program, SSS shall combine the principal and interest of a member's past-due short-term member loans into one consolidated loan while all unpaid penalties shall be consolidated and condoned upon full payment of the consolidated loan.
What does it mean to condone an action?
Meaning of condone in English
to accept or allow behavior that is wrong: If the government is seen to condone violence, the bloodshed will never stop. Synonym. excuse.
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.
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 to oppose a condonation application?
an affidavit opposing an application for condonation by the applicant. The applicant has three (3) days to file a replying affidavit. CCMA, within the stipulated 5 days. Proof must be attached to show that the affidavit has been forwarded to the other party.
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.