South Africa Case Law

Bonakele v Department of Health (CA17-2024)

Bonakele v Department of Health (CA17-2024) [2025] ZALAC 34 (4 June 2025)

Court

Labour Appeal Court

Case number

CA17/2024

Judges

Savage, Waglay, Musi

The Labour Appeal Court found that the respondent was aware of the appellant's whereabouts and reasons for absence, and had elected to bar her entry to the workplace and pursue disciplinary action rather than invoke deemed dismissal under section 17(3)(a)(i) of the Public Service Act. The respondent's subsequent reliance on deemed dismissal was an afterthought and not supported by the facts. The appellant was effectively suspended from duty from 14 February 2023, and the requirements for deemed dismissal were not met. The Labour Court committed a material misdirection in refusing declaratory…

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• Deemed Dismissal
• Public Service Act
• Absence Without Leave
• Disciplinary Procedure
• Reinstatement
• Compensation

Mogapi v Minister of Defence and Others (8961/2013)

Mogapi v Minister of Defence and Others (8961/2013) [2015] ZAGPPHC 112 (9 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

8961/2013

Judge

C Pretorius

The applicant was absent from duty for more than 30 days without permission, and the discharge occurred by operation of law under section 59(3) of the Defence Act. The calculation of days absent is governed by section 4 of the Interpretation Act, which does not exclude weekends unless they are public holidays. The applicant failed to provide sufficient evidence of good cause for his absence, and the affidavits supporting his explanation were only submitted in reply, diminishing their weight. There was no administrative decision to dismiss the applicant; the discharge was automatic under the s…

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• Administrative Discharge
• Absence Without Leave
• Defence Act Section 59
• Reinstatement
• Interpretation Of Statutes

Mandalana v Commission for Conciliation, Mediation and Arbitration and Others (JR2231/2009)

Mandalana v Commission for Conciliation, Mediation and Arbitration and Others (JR2231/2009) [2013] ZALCJHB 339 (7 November 2013)

Court

Labour Court Johannesburg

Case number

JR2231/2009

Judge

D H Gush

The Labour Court dismissed a review of an arbitration award upholding dismissal for prolonged absence without permission, finding the applicant's versions inconsistent and not credible.

• Unfair Dismissal
• Review Of Arbitration Award
• Absence Without Leave
• Disciplinary Code
• Condonation
• Labour-law

Croukamp v Minister of Defence and Others (57536/2007)

Croukamp v Minister of Defence and Others (57536/2007) [2009] ZAGPPHC 43 (28 April 2009)

Court

North Gauteng High Court, Pretoria

Case number

57536/2007

Judge

Seriti

The High Court held that the applicant’s SANDF dismissal occurred by operation of law under section 59(3) of the Defence Act after unauthorized absence.

• Dismissal By Operation Of Law
• Mobility Exit Mechanism
• Absence Without Leave
• Defence Act Interpretation
• Dismissal-by-operation-of-law
• Defence-act

Mosiane v Minister of Defence and Others (35674/06, 36618/07)

Mosiane v Minister of Defence and Others (35674/06, 36618/07) [2008] ZAGPHC 335 (27 October 2008)

Court

High Courts - Gauteng

Case number

35674/06, 36618/07

Judge

B.R. Southwood

The High Court held that the applicant’s dismissal occurred by operation of law under section 59(3) of the Defence Act after a continuous absence without leave.

• Dismissal By Operation Of Law
• Absence Without Leave
• Defence Act Section 59
• Review Of Administrative Action
• Declaratory Relief
• Costs On Withdrawal

Tshabalala v Jahannesburg Metropolitan Police Department and Others (JR 573/05)

Tshabalala v Jahannesburg Metropolitan Police Department and Others (JR 573/05) [2007] ZALC 144 (9 May 2007)

Court

Labour Court

Case number

JR 573/05

Judge

G N Moshoana

The court found that the applicant failed to establish any grounds for review under section 145 of the Labour Relations Act. The evidence showed that the respondent made several attempts to notify the applicant of the uplifting of his suspension and the disciplinary proceedings. The applicant's failure to query the withdrawal of his salary indicated that he was aware of the change in his employment status. The arbitrator's reasoning in rejecting the applicant's version was reasonable and supported by the facts. Accordingly, the award was both substantively and procedurally fair, and there was…

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• Review Of Arbitration Award
• Procedural Fairness
• Service Of Documents
• Absence Without Leave