South Africa Case Law

Sokhela and Another v Magistrate, Ms Letsholo N.O and Others (M235/23)

Sokhela and Another v Magistrate, Ms Letsholo N.O and Others (M235/23) [2025] ZANWHC 82 (6 May 2025)

Court

North West High Court, Mafikeng

Case number

M235/23

Judges

M Wessels, T Masike

The review application cannot be entertained in the absence of the full record of the proceedings before the Magistrate's Court. The applicants failed to comply with Uniform Rule 53 by not calling upon the Magistrate to dispatch the record, nor did they provide the record themselves, despite having access to the documents as parties to the original proceedings. The written reasons of the Magistrate alone are insufficient for a proper review. The alternative relief of treating the matter as a substantive interdict is untenable, as the application is based on the same facts and parties as the o…

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• Review Of Magistrates Court Decision
• Absence Of Record
• Uniform Rule 53
• Jurisdiction Of High Court

Mofokeng v S (A99/2022)

Mofokeng v S (A99/2022) [2022] ZAFSHC 321 (17 November 2022)

Court

Free State High Court, Bloemfontein

Case number

A99/2022

Judges

Mhlambi, Loubser

The High Court upheld an appeal where the trial record was missing and could not be reconstructed, set aside the conviction and sentence, and referred the matter for possible retrial.

• Absence Of Record
• Technical Irregularity
• Retrial Procedure
• Criminal Procedure Act
• Setting Aside Conviction
• Criminal-appeal

Dyonase v Building Industry Bargaining Council and Others (C261/2018)

Dyonase v Building Industry Bargaining Council and Others (C261/2018) [2021] ZALCCT 52 (6 August 2021)

Court

Labour Court Cape Town

Case number

C261/2018

Judge

N Reddy

The Labour Court reviewed and set aside a condonation refusal where no record of the hearing existed, and remitted the matter for a fresh condonation hearing.

• Condonation
• Review Of Arbitration Award
• Unfair Dismissal
• Absence Of Record
• Labour-court-review
• Unfair-dismissal

COWUSA obo Individual Applicants v CCMA and Others (JR3124/12)

COWUSA obo Individual Applicants v CCMA and Others (JR3124/12) [2013] ZALCJHB 6; (2013) 34 ILJ 1966 (LC) (23 January 2013)

Court

Labour Court Johannesburg

Case number

JR3124/12

Judge

Steenkamp

The court found that the CCMA commissioner failed to provide a record of proceedings or reasons for the determination of picketing rules, which is a reviewable irregularity. The absence of a record made it impossible for the court to assess whether the commissioner considered the relevant statutory and constitutional factors, including the unique workplace circumstances and the rights to strike and picket. Given the urgency and ongoing nature of the strike, and the impossibility of reconstructing the record, the court held that the appropriate remedy was to remit the matter to the CCMA for a…

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• Picketing Rules
• Legality Review
• Protected Strike
• Absence Of Record
• Administrative Action
• Constitutional Right To Strike

Steve Tshwete Local Municipality v South African Local Government Bargaining Council and Others (JR1905/08)

Steve Tshwete Local Municipality v South African Local Government Bargaining Council and Others (JR1905/08) [2010] ZALC 172 (5 November 2010)

Court

Labour Court

Case number

JR1905/08

Judge

Molahlehi

Leave to appeal was refused because the applicant failed to provide or reconstruct the arbitration record, leaving a material dispute unresolved.

• Review Of Arbitration Award
• Leave To Appeal
• Absence Of Record
• Fair Hearing
• Jurisdictional Point
• Leave-to-appeal

Transport and Allied Workers Union of South Africa v South African Road Passenger Bargaining Council and Others (JR 144/04)

Transport and Allied Workers Union of South Africa v South African Road Passenger Bargaining Council and Others (JR 144/04) [2007] ZALC 155 (5 February 2007)

Court

Labour Court

Case number

JR 144/04

Judge

Ngcamu

Labour Court dismissed a review of an arbitration award, holding that handwritten notes could serve as the record and that no factual basis for review was shown.

• Arbitration Review
• Absence Of Record
• Remuneration For Rest Periods
• Gross Irregularity
• Costs Award
• Labour-law

Shoprite Checkers (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1090/01)

Shoprite Checkers (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1090/01) [2002] ZALCJHB 7 (6 December 2002)

Court

Labour Court Johannesburg

Case number

JR1090/01

Judge

E. Revelas

The Labour Court set aside a CCMA award and sent the dismissal dispute back for fresh arbitration before a different commissioner after the record was lost.

• Unfair Dismissal
• Review Of Arbitration Award
• Absence Of Record
• Disciplinary Sanction
• Labour-law
• Unfair-dismissal

Shoprite Checkers Limited v Commission Conciliation, Mediation and Arbitration and Others (J4051/00)

Shoprite Checkers Limited v Commission Conciliation, Mediation and Arbitration and Others (J4051/00) [2002] ZALC 136; [2002] 7 BLLR 677 (LC); (2002) 23 ILJ 943 (LC) (24 April 2002)

Court

Labour Court

Case number

J4051/00

Judge

Francis

The court found that the absence of the record of the arbitration proceedings was not due to any fault on the part of the applicant, but rather the responsibility of the CCMA. Dismissing the review application would unfairly prejudice the applicant's right to challenge the award, while remittal would allow both parties a fair opportunity to present their cases anew. The court distinguished the present matter from JDG Trading, noting that in this case, the applicant was unable to reconstruct the record and the loss was not attributable to it. Balancing the interests of both parties, the court…

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• Review Of Arbitration Award
• Absence Of Record
• Remittal For De Novo Hearing
• Procedural Fairness
• Substantive Fairness