South Africa Case Law

Pareto Limited and Another v Kotze (14109/2024)

Pareto Limited and Another v Kotze (14109/2024) [2025] ZAWCHC 338 (8 August 2025)

Court

Western Cape High Court, Cape Town

Case number

14109/2024

Judge

J Cloete

The court found that only the Covid-19 defence raised a triable issue, specifically whether the lockdown regulations hindered or prevented the tenant from performing under the lease, thereby entitling the tenant to further rental remission under the force majeure clause. The plaintiffs failed to engage substantively with the contractual provisions regarding hindered performance and remission of rent, and the defendant's submissions on this point met the threshold for a triable issue. The other defences—regarding unliquidated amounts, renegotiated rental, and ambiguity in the deed of suretyshi…

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• Lease Agreement
• Force Majeure
• Covid 19 Regulations
• Summary Judgment
• Remission Of Rent

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22)

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22) [2025] ZALCJHB 345 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR1400/22

Judge

Anestidis

Review of labour arbitration award involving alleged falsification of quality records. Court found the arbitrator misconceived the enquiry and upheld dismissal.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Dishonesty In Employment
• Falsification Of Records
• Procedural Fairness
• Onus Of Proof

A.E. v H.L. (2024/144979)

A.E. v H.L. (2024/144979) [2025] ZAGPJHC 770 (8 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/144979

Judge

Nieuwoudt

In a Rule 43 divorce interim application, the High Court ordered child maintenance, limited contact, and expert family-preservation intervention after concerns about the applicant's alcohol use.

• Rule 43 Interim Relief
• Child Maintenance
• Parental Rights And Responsibilities
• Contact Arrangements
• Parenting Coordination
• Rule-43

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022)

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022) [2025] ZALCJHB 340 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR2481/2022

Judge

Anestidis

The court found that the applicants failed to establish both a subjective and objectively reasonable expectation of renewal of their fixed-term contracts. The contracts expressly stated their limited duration and excluded any expectation of renewal. The repeated extensions and delays did not, in themselves, create a legitimate expectation of indefinite renewal, especially given the short duration of the contracts and the clear communication regarding their temporary nature. The applicants' own evidence did not support a genuine or reasonable expectation of renewal. The arbitration award was c…

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• Fixed Term Contracts
• Legitimate Expectation
• Unfair Dismissal
• Review Of Arbitration Award

Department of Higher Education and Training and Another v Dladla (JS240/2022)

Department of Higher Education and Training and Another v Dladla (JS240/2022) [2025] ZALCJHB 339 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JS240/2022

Judge

Riaz Itzkin

The court found that although the explanation for the delay in both delivering the statement of response and launching the condonation application was imperfect and included periods that were unaccounted for, the delay was not so flagrant and gross as to justify refusing condonation without considering the merits. The applicants demonstrated sufficient prospects of success in opposing the main claim, as the salary disparities were not caused by them but were a result of historical employment conditions and subsequent transfer, with standardization and partial back-pay having occurred. The int…

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• Condonation
• Unfair Discrimination
• Employment Equity Act
• Delay Explanation
• Prospects Of Success

Mohlaloga v S (1028/2023; 1112/2023)

Mohlaloga v S (1028/2023; 1112/2023) [2025] ZASCA 115 (8 August 2025)

Court

Supreme Court of Appeal

Case number

1028/2023; 1112/2023

Judges

Mokgohloa, Kathree-Setiloane, Phatshoane, Bloem, Molitsoane

The Supreme Court of Appeal struck a reconsideration bid from the roll and dismissed a sentence appeal in a fraud and POCA matter involving misuse of grant funds.

• Fraud
• Money Laundering
• Minimum Sentencing
• Abuse Of Public Trust
• Prevention Of Organised Crime Act
• Appeal Procedure

NUM obo Mbengwa v Dwarsrivier Chrome Mine (Pty) Ltd (JS171/23)

NUM obo Mbengwa v Dwarsrivier Chrome Mine (Pty) Ltd (JS171/23) [2025] ZALCJHB 342 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JS171/23

Judge

R Itzkin

The Labour Court granted NUM leave to amend its statement of claim, but ordered costs against NUM because the pre-trial minute remained unresolved.

• Amendment Of Pleadings
• Withdrawal Of Admission
• Pre Trial Conference Minute
• Remuneration Claim
• Retrospective Reinstatement
• Amendment-of-pleadings

Solomons v Commission for Conciliation Mediation and Arbitration (CCMA) (C401/2024)

Solomons v Commission for Conciliation Mediation and Arbitration (CCMA) (C401/2024) [2025] ZALCCT 62 (7 August 2025)

Court

Labour Court Cape Town

Case number

C401/2024

Judge

T Du Preez

The Labour Court dismissed a review of a CCMA arbitration award upholding a dismissal for dishonesty in recording incomplete cooler services as complete.

• Unfair Dismissal
• Dishonesty In Employment
• Review Of Arbitration Award
• Incentive Scheme Misconduct
• Labour-law
• Unfair-dismissal

Ngaka v S (Appeal) (CA13/2019)

Ngaka v S (Appeal) (CA13/2019) [2025] ZANWHC 137 (7 August 2025)

Court

North West High Court, Mafikeng

Case number

CA13/2019

Judges

R D Hendricks, M Morgan

The trial court failed to conduct a comprehensive and effective enquiry under Section 164 of the Criminal Procedure Act to establish whether the complainant understood the distinction between truth and a lie and the implications of lying. The superficial questioning and lack of proper admonishment rendered the complainant's evidence inadmissible. Without this evidence, the remaining evidence presented by the State was insufficient to prove the appellant's guilt beyond reasonable doubt. The failure to comply with the statutory requirements constituted a fatal misdirection, necessitating the se…

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• Admissibility Of Evidence
• Child Witnesses
• Section 164 Criminal Procedure Act
• Burden Of Proof
• Fair Trial Rights

ABSA Bank Limited v Loumarles Landgoed (Pty) Ltd (2023/131314)

ABSA Bank Limited v Loumarles Landgoed (Pty) Ltd (2023/131314) [2025] ZAGPPHC 773 (7 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/131314

Judge

Stone AJ

The High Court granted ABSA a provisional winding-up order against Loumarles Landgoed, finding commercial insolvency and rejecting reliance on alternative remedies.

• Winding Up Of Companies
• Commercial Insolvency
• Creditor Rights
• Just And Equitable Liquidation
• Company Debt Enforcement
• Winding-up-of-companies