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South Africa decisions
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Vilakazi v Avragystix (Pty) Ltd and Others (JR114/23) [2025] ZALCJHB 325 (1 August 2025)
Review of a CCMA award dismissed. The Labour Court held the applicant bore the onus in an unfair suspension dispute and found no reviewable irregularity or bias.
Akani Building Solutions (Pty) Limited v Lebo Tebo Trading and Projects CC (2024-033125) [2025] ZAGPPHC 781 (1 August 2025)
The court found that the respondent's indebtedness to the applicant was disputed on bona fide and reasonable grounds. The respondent provided sufficient factual allegations that, if proved at trial, would constitute a good defence to the applicant's claim. The applicant impermissibly attempted to broaden its claim in reply, which was not the case the respondent was called to meet. The Badenhorst rule applies, and winding-up proceedings are not appropriate for enforcing a debt that is genuinely disputed. There was no evidence of lack of bona fides on the respondent's part. The application for…
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Tsontswane v Shahzaib Gondal Trading (Pty) Ltd and Others (6286/2024) [2025] ZANWHC 130 (1 August 2025)
The application failed because the applicant did not plead or prove which clauses of the lease agreement were breached, nor did he set out the necessary facts substantiating his claims. The founding affidavit was vague and deficient, lacking the material facts required to sustain the cause of action. The applicant attempted to supplement his case through replying affidavits and heads of argument, which is impermissible. Relief against respondents who were not properly served or were not parties to the lease agreement was not competent. The applicant's conduct suggested an ulterior motive for…
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Mncwango v Road Accident Fund (2453/2022) [2025] ZAMPMBHC 69 (1 August 2025)
High Court damages judgment awarding R5,451,032.40 for loss of earning capacity after a motor vehicle accident, with merits and general damages already settled.
Mokgoro and Others v Master of the High Court, Kimberley and Others (09/2025) [2025] ZANCHC 60 (1 August 2025)
The High Court held that a will emailed with electronic signatures could be accepted under section 2(3) of the Wills Act because the deceased’s intention was clear.
Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023) [2025] ZALCJHB 330 (1 August 2025)
The Labour Court does not have jurisdiction to entertain the applicant's claims for general damages and loss of earnings, as such relief is not contemplated by the Labour Relations Act or the Basic Conditions of Employment Act. The applicant failed to refer any unfair labour practice to the CCMA or a bargaining council, and did not plead any contractual breach or valid claim under the Mine Health and Safety Act. Furthermore, the applicant's claims have prescribed under the Prescription Act, as the cause of action arose no later than 28 February 2018 and the claim was only instituted in July 2…
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Singamandla and Others v South African Public Workers Trade Union and Others (2025/085193) [2025] ZALCJHB 343 (1 August 2025)
The court found that the applicants failed to establish a clear right to an interdict restraining the strike action. The union's request for organisational rights did not comply with section 21(2) of the LRA, and the employer's referral to arbitration did not trigger the prohibition on strike action under section 65(1)(c). Section 65(2)(a) expressly permits strike action in pursuit of organisational rights, and the constitutional right to strike must be interpreted in the least restrictive manner. The applicants' attempt to frustrate the right to strike by hastily referring the dispute to arb…
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Universal Transport and Allied Workers Union v Tlhomphanang Business Enterprises t/a TNG Security Services (2024-044666) [2025] ZAGPPHC 768 (1 August 2025)
The High Court upheld an exception in part, finding the plaintiff had not pleaded the specific statutory non-compliance said to make a labour agreement void.
Va v King Sabata Dalindyebo Municipality (2025/117610) [2025] ZAECMHC 71 (1 August 2025)
The court found that the applicant was in possession of the motor vehicle through his employee, satisfying the first requirement for spoliation relief. However, the respondent's impoundment of the vehicle was authorised by Regulation 305(6) of the National Road Traffic Act and the municipal by-laws, as the vehicle was obstructing traffic. The driver cooperated with the officers, and the removal was not forcible or unlawful. The applicant failed to establish unlawful deprivation, and the statutory provisions justified the respondent's actions. The application for spoliation relief was therefor…
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Pridin Trading (Pty) Ltd and Another v Boutique Leasing Company (Pty) Ltd and Another (046326-2024) [2025] ZAGPPHC 779 (1 August 2025)
The court found that the applicants failed to establish extreme urgency justifying the departure from the timelines prescribed by Rule 6(5)(b). The applicants were aware of the default judgment and attachment of property by 24 June 2025 but delayed in launching urgent proceedings. The court was not satisfied that the applicants made out a case for urgency or condonation. Furthermore, the applicants did not demonstrate a bona fide defence or provide sufficient evidence to challenge the claim amount. The application for a stay of execution and interdict was therefore struck from the roll for la…
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