Chibane and Another v Premier of Province of Kwazulu-Natal (DA15/2024) [2025] ZALAC 44 (15 July 2025)

Chibane and Another v Premier of Province of Kwazulu-Natal (DA15/2024) [2025] ZALAC 44 (15 July 2025)

The Labour Appeal Court held that the Labour Court does not have general jurisdiction to intervene in incomplete disciplinary proceedings or to grant declaratory relief regarding delay and waiver unless specifically conferred by statute. The pleadings did not invoke any statutory provision or contractual basis for the claims advanced, and no permissible ground for review was articulated. The Labour Court was correct to refuse to entertain the review application in medias res, as there is a general rule against reviewing interlocutory rulings mid-process absent exceptional circumstances. The appeal was dismissed as the appellants failed to establish a statutory basis for their claims or...

Citation
[2025] ZALAC 44
Parties
Appellant: Ziphate Mboneni Cibane; Appellant: Nonhlanhla Pamela Hlongwa; Respondent: Premier of the Province of Kwazulu-Natal; Respondent: RBG Choudree SC N.O.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
15 July 2025
Case Number
DA15/2024
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Application to Quash Disciplinary Charges and Review Interlocutory Ruling
Outcome
Appeal dismissed.
Judges
Van Niekerk, Tokota, Basson
Legal Topics
Labour Court Jurisdiction, Disciplinary Proceedings, Unreasonable Delay, Waiver of Rights, Review of Interlocutory Ruling
Labour Law Civil Procedure Labour Court Jurisdiction Disciplinary Proceedings Unreasonable Delay Waiver of Rights Review of Interlocutory Ruling

Case Brief

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Parties

Ziphate Mboneni Cibane

Appellant

Nonhlanhla Pamela Hlongwa

Appellant

Premier of the Province of Kwazulu-Natal

Respondent

RBG Choudree SC N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Application to Quash Disciplinary Charges and Review Interlocutory Ruling

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to grant declaratory relief regarding delay and waiver in disciplinary proceedings?
  2. 2 Is there a statutory basis for quashing disciplinary charges due to unreasonable delay or waiver?
  3. 3 Can the Labour Court review interlocutory rulings in incomplete disciplinary proceedings absent exceptional circumstances?

Ratio Decidendi

The Labour Appeal Court held that the Labour Court does not have general jurisdiction to intervene in incomplete disciplinary proceedings or to grant declaratory relief regarding delay and waiver unless specifically conferred by statute. The pleadings did not invoke any statutory provision or contractual basis for the claims advanced, and no permissible ground for review was articulated. The Labour Court was correct to refuse to entertain the review application in medias res, as there is a general rule against reviewing interlocutory rulings mid-process absent exceptional circumstances. The appeal was dismissed as the appellants failed to establish a statutory basis for their claims or...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.
  • Each party is to bear its own costs.