South Africa Case Law

Motsoaledi N.O and Others v Minister of Rural Development and Land Reform and Others (M160/19)

Motsoaledi N.O and Others v Minister of Rural Development and Land Reform and Others (M160/19) [2020] ZANWHC 62 (17 September 2020)

Court

North West High Court, Mafikeng

Case number

M160/19

Judges

Stanton, P L Nobanda

The court found that the Minister of Rural Development and Land Reform did not have statutory authority under the Land Title Adjustment Act to delegate his exclusive power to appoint a land title adjustment commissioner to the Provincial Chief Director. The LTAA expressly provides only for the Director-General to delegate, and no valid written delegation or assignment was proven. Consequently, the purported appointment of Mr FS Motla as commissioner for the Bultfontein property was invalid, and all actions taken by him in that capacity are void ab initio. The applicants established a clear ri…

Source excerpt

• Delegation Of Statutory Power
• Appointment Of Commissioner
• Interdict
• Account And Debatement
• Nullity Of Ultra Vires Acts

Minister of Justice and Correctional Services v Mkhize and Others (JR 1508/17)

Minister of Justice and Correctional Services v Mkhize and Others (JR 1508/17) [2020] ZALCJHB 241 (21 January 2020)

Court

Labour Court Johannesburg

Case number

JR 1508/17

Judge

K A Holmes

The Labour Court reviewed and set aside an arbitration award because the council and commissioner acted outside the Supreme Court of Appeal’s remittal order.

• Unfair Dismissal
• Review Of Arbitration Award
• Scope Of Remittal
• Procedural Irregularity
• Appointment Of Commissioner
• Review-of-arbitration-award

Scholtz v CCMA and Others (C675/2014)

Scholtz v CCMA and Others (C675/2014) [2015] ZALCCT 45 (25 June 2015)

Court

Labour Court Cape Town

Case number

C675/2014

Judge

A J Steenkamp

The Labour Court dismissed a challenge to a CCMA settlement, finding no undue influence by the commissioner and no reviewable irregularity in his appointment.

• Settlement Agreement Review
• Undue Influence
• Appointment Of Commissioner
• Jurisdiction Of Ccma
• Condonation
• Conciliation And Arbitration