The court can condone non-compliance with the rules, including time limits and errors on good cause shown without a party having to bring a formal application. Rule 60(9) makes provision for the Court to condone non-compliance with the rules, including time limits and errors on good cause shown. 

In cases dealing with the removal of bar, the Court tends to uplift a bar in the following instances where:

• “The applicant has given a reasonable explanation for the delay”
• “The application is bona fide and not made with the intention of delaying the matter;”
• “There is no reckless or intentional disregard of the Rules of Court”
• “The applicant’s action is not ill-founded”; and
• “Any prejudice caused to the opposite party could be compensated for by an appropriate order as to costs”

The absence of one or more of these circumstances might result in the application being refused.

Sipho Alpha Kondlo v Eastern Cape Development Corporation CA/R53/2013( reportable case)

The learned Judge stated the following in his judgement: “It is clear that in the absence of a general power of condonation to wave compliance with the form or substance of a Rule, the result may lead to an injustice and absurdity in the Magistrate’s Court. I therefore intend to refer this judgement to the rules board to re-consider a re-visit to rule 60 to include a general power of condonation with the form or substance of any rule on good cause shown.” 

Clearly this rule was inspired by the above judgement, and it gives the court a wide discretion to condone non-compliance with its own rules, provided it is on good cause shown.