South Africa Case Law

Department of Education Northern Cape Province v Crow and Others (C302/2023)

Department of Education Northern Cape Province v Crow and Others (C302/2023) [2025] ZALCCT 58 (23 July 2025)

Court

Labour Court Cape Town

Case number

C302/2023

Judge

Stelzner

The Labour Court held that the ELRC had jurisdiction to arbitrate the promotion dispute, as confirmed by recent Labour Appeal Court authority and the binding collective agreement governing promotion arbitrations in the education sector. The arbitrator's award was not unreasonable; the respondent established a prima facie case of unfairness by showing he was recommended by the SGB and scored highest, yet was overlooked without written reasons or direct evidence from the HOD. The employer failed to rebut the inference of unfairness, and the absence of written reasons and the HOD's failure to te…

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• Unfair Labour Practice
• Promotion Dispute
• Collective Agreement
• Arbitration Review
• Employment Equity
• Remedies For Unfair Promotion

S v Zilo (Review) (CA&R91/2025)

S v Zilo (Review) (CA&R91/2025) [2025] ZAECMKHC 56 (22 July 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R91/2025

Judges

Gqamana, V Noncembu

The High Court set aside criminal proceedings after finding the accused was represented by an attorney with no right of appearance, rendering the trial a nullity.

• Right Of Appearance
• Gross Irregularity
• Trial Nullity
• Legal Practice Act
• Right-of-appearance
• Gross-irregularity

L.M obo L[...] and L.M v Road Accident Fund (43630/2019)

L.M obo L[...] and L.M v Road Accident Fund (43630/2019) [2025] ZAGPPHC 761 (22 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

43630/2019

Judge

N.N Bam

The High Court dismissed a strike-out application but upheld a Rule 30 challenge, finding a supplementary notice of motion irregular and allowing an affidavit in response to new matter.

• Rule 6 15 Striking Out
• Rule 30 Irregular Proceedings
• Amendment Of Notice Of Motion
• Rescission Of Judgment
• Civil-procedure
• Strike-out-applications

L.N v Minister of Police and Another (22/19815)

L.N v Minister of Police and Another (22/19815) [2025] ZAGPJHC 710 (22 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

22/19815

Judge

Mahlangu

The High Court dismissed the second defendant’s absolution application, finding the plaintiff had made out a prima facie case for malicious prosecution and detention.

• Absolution From The Instance
• Malicious Prosecution
• Unlawful Arrest
• Wrongful Detention
• Absolution-from-the-instance
• Malicious-prosecution

Solidarity obo Van Rensburg v Xone Control Room Management (Pty) Ltd (C69/2024)

Solidarity obo Van Rensburg v Xone Control Room Management (Pty) Ltd (C69/2024) [2025] ZALCCT 56 (22 July 2025)

Court

Labour Court Cape Town

Case number

C69/2024

Judge

R Lagrange

The court found that the extension agreement signed by Van Rensburg in August 2022 constituted a clear amendment to his employment contract, setting his retirement date as 30 September 2023 with no further extensions permitted. Clause 14.1 of his contract established that general policies applied unless overridden by a contractual provision, and the extension letter expressly overrode the retirement policy. The subsequent amendment to the retirement policy in March 2023 did not affect Van Rensburg, as his contract had already been amended to reflect a specific retirement date. The court held…

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• Automatically Unfair Dismissal
• Retirement Age
• Contractual Interpretation
• Labour Relations Act
• Employment Policy Override

Nadasen v Laragh Courseware (Pty) Ltd (C14/25)

Nadasen v Laragh Courseware (Pty) Ltd (C14/25) [2025] ZALCCT 57 (22 July 2025)

Court

Labour Court Cape Town

Case number

C14/25

Judge

P Venter

The Labour Court granted condonation for the late filing of an unfair dismissal referral and heads of argument, finding the delay short and the explanation reasonable.

• Condonation
• Unfair Dismissal
• Late Filing
• Prospects Of Success
• Prejudice
• Costs In Labour Disputes

Bojanala Platinum District Municipality v Fourie and Others (2025/104750)

Bojanala Platinum District Municipality v Fourie and Others (2025/104750) [2025] ZALCJHB 306 (22 July 2025)

Court

Labour Court Johannesburg

Case number

2025/104750

Judge

M Makhura

The Court found that the applicant failed to establish exceptional circumstances warranting intervention in the uncompleted CCMA arbitration. The alleged threats and safety concerns were speculative, inadequately substantiated, and related primarily to legal representatives rather than the applicant's officials. The applicant did not demonstrate irreparable harm or unfairness that could not be remedied after arbitration. The refusal of legal representation did not infringe any right, as such representation is not guaranteed in misconduct disputes before the CCMA. Intervening at this stage wou…

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• Ccma Legal Representation
• Exceptional Circumstances
• Interim Interdict
• Section 158 1b Lra
• Hearsay Evidence
• Unfair Dismissal

Londo v Minister of Police (1855/2024)

Londo v Minister of Police (1855/2024) [2025] ZANWHC 122 (22 July 2025)

Court

North West High Court, Mafikeng

Case number

1855/2024

Judge

Maodi

Undefended High Court judgment finding the plaintiff’s arrest and four-day detention unlawful, with the Minister of Police held liable for R150,000 damages.

• Unlawful Arrest
• Arbitrary Detention
• Constitutional Damages
• Vicarious Liability
• Unlawful-arrest
• Arbitrary-detention

P.C v C.C (2024-005569)

P.C v C.C (2024-005569) [2025] ZAGPPHC 762 (22 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-005569

Judge

Khashane La M Manamela

An urgent application to permanently change a minor child’s primary residence was postponed sine die for further Family Advocate or expert investigation.

• Primary Residence Of Minor Child
• Best Interests Of Child
• Rule 43 Interim Relief
• Family Advocate Report
• Psychological Assessment
• Costs In Divorce Action

Avbob Mutual Assurance Society v Mkhonza and Others (A26/2025; A2024-138760)

Avbob Mutual Assurance Society v Mkhonza and Others (A26/2025; A2024-138760) [2025] ZAGPPHC 739 (22 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A26/2025; A2024-138760

Judges

Wright, Van Der Westhuizen, Kooverjie

The court found that Avbob, with its experience and professional assistance, made an informed choice to proceed with the transaction and occupy the property, despite the suspensive conditions not being fulfilled. Avbob's lengthy delay of 29 months before seeking to enforce the suspensive conditions and cancel the agreement constituted a waiver of its right to cancel. The evidence showed that Avbob was aware of the requirements and repeatedly requested compliance but failed to act for an extended period. The court held that Avbob could not escape the consequences of its inaction and was bound…

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• Sale Of Immovable Property
• Suspensive Conditions
• Waiver By Election
• Breach Of Warranty
• Delay In Cancellation