South Africa Case Law

Transnet Port Terminals v UNTU obo Nel and Erasmus and Others (C271/2022; 272/2022; 412/2022)

Transnet Port Terminals v UNTU obo Nel and Erasmus and Others (C271/2022; 272/2022; 412/2022) [2025] ZALCCT 47 (7 July 2025)

Court

Labour Court Cape Town

Case number

C271/2022; C272/2022; C412/2022

Judge

C de Kock

The Labour Court refused to consolidate three related review applications, holding that each commissioner’s award must be reviewed on its own evidence and reasoning.

• Consolidation Of Proceedings
• Review Of Arbitration Award
• Expediency And Justice
• Labour Court Rules
• Unfair Dismissal
• Consolidation-of-proceedings

Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022)

Lombard v Commission for Conciliation, Mediation and Arbitration (C610/2022) [2025] ZALCCT 45 (7 July 2025)

Court

Labour Court Cape Town

Case number

C610/2022

Judge

C de Kock

Review dismissed: the Labour Court upheld a CCMA award finding Lombard’s dismissal for sexual harassment substantively fair.

• Unfair Dismissal
• Sexual Harassment
• Arbitration Review
• Reasonableness Standard
• Disciplinary Procedure
• Labour-law

Coetzee v Road Accident Fund (996/2021)

Coetzee v Road Accident Fund (996/2021) [2025] ZAGPPHC 674 (7 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

996/2021

Judge

M Pienaar

The High Court held the Road Accident Fund 100% liable for a runner’s collision injuries and awarded R4,056,656 for past and future loss of earnings.

• Road Accident Fund Act
• Negligence
• Quantum Of Damages
• Expert Evidence
• Loss Of Earnings
• Road-accident-fund

Jiyane v Commission for Conciliation, Mediation and Arbitration and Others (C184/2022)

Jiyane v Commission for Conciliation, Mediation and Arbitration and Others (C184/2022) [2025] ZALCCT 48 (7 July 2025)

Court

Labour Court Cape Town

Case number

C184/2022

Judge

C de Kock

The court found that the commissioner’s conduct during the arbitration proceedings was marked by frequent interruptions, taking over of questioning, cross-examination of the applicant, and derogatory notes referring to the applicant’s evidence as 'rubbish'. This conduct deprived the applicant of a fair hearing and created a reasonable apprehension of bias. The commissioner failed to respect the roles of the parties and their representatives, and her dominance tainted the entire proceedings. The court held that, as in previous cases involving the same commissioner, such procedural irregulariti…

Source excerpt

• Unfair Labour Practice
• Arbitration Bias
• Review Of Arbitration Award
• Procedural Irregularity
• Right To Fair Hearing

Van Rensburg v Freedom Property Fund Ltd (5421/2023)

Van Rensburg v Freedom Property Fund Ltd (5421/2023) [2025] ZALMPPHC 133 (7 July 2025)

Court

Limpopo High Court, Polokwane

Case number

5421/2023

Judge

M Z Makoti

The High Court partly upheld a claim for unpaid contractual payments and attorney’s fees, but dismissed a director’s-fees claim under section 163.

• Contractual Remuneration
• Independent Contractor Vs Employee
• Director Remuneration
• Attorney Fees
• Section 163 Companies Act
• Independent-contractor-vs-employee

C.J.R v H.W.R and Others (8327/2023)

C.J.R v H.W.R and Others (8327/2023) [2025] ZALMPPHC 134 (7 July 2025)

Court

Limpopo High Court, Polokwane

Case number

8327/2023

Judge

S Du Plessis

The court found that the applicant, as founder and donor of the trust, has locus standi to seek amendment of the trust deed under section 13 of the Trust Property Control Act. The appointment of the first respondent as beneficiary constituted a donation, evidenced by the trust deed's provisions and the intention to enrich the beneficiary. The first respondent's repeated assaults and criminal behaviour after being appointed as beneficiary amounted to gross ingratitude, justifying revocation of the donation. The court held that section 13 empowers it to vary trust provisions where the founder's…

Source excerpt

• Trust Property Control Act
• Removal Of Beneficiary
• Gross Ingratitude
• Donation Revocation
• Amendment Of Trust Deed

Royal AM Football Club (Pty) Ltd v National Soccer League and Others (2025/054266)

Royal AM Football Club (Pty) Ltd v National Soccer League and Others (2025/054266) [2025] ZAGPPHC 664 (7 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/054266

Judge

P.G. Seleka

The High Court upheld PSL’s termination of Royal AM’s membership, finding the Board had power to act and that the club misrepresented material facts and failed to meet obligations.

• Promotion Of Administrative Justice Act
• Corporate Governance
• Membership Termination
• Procedural Fairness
• Misrepresentation
• Shareholding Transfer

Thulare v Thulare and Others (470/2023)

Thulare v Thulare and Others (470/2023) [2025] ZASCA 100 (7 July 2025)

Court

Supreme Court of Appeal

Case number

470/2023

Judges

Zondi, Keightley, Unterhalter, Steyn, Henney

The Supreme Court of Appeal upheld an appeal over who may identify an acting Bapedi monarch, holding that custom had to be proved by evidence and remitting the matter for oral evidence.

• Traditional Leadership
• Customary Law Evidence
• Statutory Interpretation
• Interim Relief
• Remittal For Oral Evidence
• Customary-law

A.F.M. obo Minors v Road Accident Fund (17796/2022)

A.F.M. obo Minors v Road Accident Fund (17796/2022) [2025] ZAGPPHC 692 (7 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

17796/2022

Judge

Mfenyana

The High Court dismissed a Road Accident Fund claim for loss of support, finding the plaintiff proved support rights but not negligence by another driver.

• Loss Of Support
• Road Accident Fund Act
• Locus Standi
• Negligence
• Customary Marriage
• Admissibility Of Evidence

L.A.M. and Another v E.M. and Another (Leave to Appeal) (2025/066517)

L.A.M. and Another v E.M. and Another (Leave to Appeal) (2025/066517) [2025] ZAGPJHC 684 (7 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/066517

Judge

Liebenberg

Leave to appeal was dismissed with costs. The court found no appeal lay against an interim matrimonial-home order, the trust orders were unassailable, and the costs order was justified.

• Interim Relief
• Appealability Of Orders
• Trust Management
• Costs Award
• Matrimonial Litigation
• Leave-to-appeal