South Africa Case Law

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others [2025] ZALCPE 15 (6 August 2025)

Court

Labour Court Port Elizabeth

Case number

PR228/23

Judge

de Kock

Labour Court review of an unfair labour practice award held that the employee had to disclose a pending criminal charge; the award was set aside.

• Unfair Labour Practice
• Duty Of Disclosure
• Review Of Arbitration Award
• Reasonableness Standard
• Appointment Procedure
• Unfair-labour-practice

Nelson Mandela Metropolitan Municipality (NMMM) v Mkumatela and Others (PA/10/2011)

Nelson Mandela Metropolitan Municipality (NMMM) v Mkumatela and Others (PA/10/2011) [2016] ZALAC 6; [2016] 6 BLLR 585 (LAC) (19 February 2016)

Court

Labour Appeal Court

Case number

PA/10/2011

Judges

Waglay, C J Musi, Savage

The Labour Appeal Court upheld an appeal about a promotion dispute, holding that the employer’s deadlock-breaking process was fair and the award was reasonable.

• Unfair Labour Practice
• Promotion Dispute
• Arbitration Review
• Selection Policy
• Appointment Procedure
• Unfair-labour-practice

Minister of Safety And Security and Others v Naidoo (JA66/2013)

Minister of Safety And Security and Others v Naidoo (JA66/2013) [2015] ZALAC 21; [2015] 11 BLLR 1129 (LAC) (11 June 2015)

Court

Labour Appeal Court

Case number

JA66/2013

Judges

Musi JA, Murphy AJA, Kathree-Setiloane AJA

The Labour Appeal Court held that the National Commissioner acted within the bounds of the SAPS employment equity plan and National Instruction 3 of 2000 when appointing Director Maswanganyi instead of the respondent. The equity plan, validly adopted after consultation, did not allocate any level 14 posts in Gauteng to Indian females based on national demographics. The respondent's operational experience was insufficient for the post, and her own prior representations indicated a lack of interest and passion for operational roles. The provincial panel's recommendation was not binding, and the…

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• Employment Equity Act
• Affirmative Action
• Unfair Discrimination
• Appointment Procedure
• Service Delivery Objectives

Nyamela v King Sabata Dalindyebo Local Municipality (1824/12, 234/2014)

Nyamela v King Sabata Dalindyebo Local Municipality (1824/12, 234/2014) [2014] ZAECMHC 42 (27 November 2014)

Court

Eastern Cape High Court, Mthatha

Case number

1824/12, 234/2014

Judges

Griffiths, Majiki

In the damages action, the court found that the plaintiff failed to establish any evidence linking the defendant municipality or its employees to the creation or maintenance of the hole. Mere jurisdiction over the area was insufficient to impose liability, and the plaintiff did not prove the necessary act or omission by the defendant. Accordingly, absolution from the instance was granted. In the interlocutory application, the court found that the applicant did not comply with Rule 28(5) in effecting the amendment, as not all parties were served and the amended pages were not properly delivere…

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• Municipal Liability
• Negligence
• Absolution From The Instance
• Amendment Of Pleadings
• Review Of Administrative Action
• Appointment Procedure

Singh v MEC: Eastern Cape Department of Agriculture and Another (P 288/10)

Singh v MEC: Eastern Cape Department of Agriculture and Another (P 288/10) [2013] ZALCPE 25 (12 December 2013)

Court

Labour Court Port Elizabeth

Case number

P 288/10

Judge

Lallie

The Labour Court held that the applicant was unfairly discriminated against on the basis of gender when the employer appointed a female candidate instead of the recommended best candidate.

• Employment Equity Act
• Unfair Discrimination
• Gender Discrimination
• Appointment Procedure
• Employment-equity
• Unfair-discrimination

Ndaba v Department of Communications (JS 925/2010)

Ndaba v Department of Communications (JS 925/2010) [2012] ZALCJHB 41 (11 May 2012)

Court

Labour Court Johannesburg

Case number

JS 925/2010

Judge

Rabkin-Naicker

The Labour Court held that the purported secondment contract was a simulation and unenforceable, dismissing Ndaba’s claim for payment of the unexpired term.

• Public Service Act
• Secondment
• Fixed Term Contracts
• Simulation Of Contract
• Appointment Procedure
• Public-service-act

Health and Others Services Personnel Trade Union of South Africa (HOSPERSA) and Another v MEC for Health, Kwazulu-Natal and Another (D102/08)

Health and Others Services Personnel Trade Union of South Africa (HOSPERSA) and Another v MEC for Health, Kwazulu-Natal and Another (D102/08) [2010] ZALC 37; (2010) 31 ILJ 2102 (LC) (5 February 2010)

Court

Labour Court

Case number

D102/08

Judge

Conradie AJ

The court found, on the papers before it, that the Second Applicant's post had in fact been upgraded to that of Chief Technical Advisor: Engineering Advisory Service, rather than being a newly created post. The Respondents failed to provide sufficient evidence to support their claim that the post was substantively new and different. The court held that Chapter 1, Part V, C.6 of the Public Service Regulations applied, granting the executing authority a discretion to either advertise the post or retain the incumbent. This discretion must be exercised fairly and in a manner that does not jeopard…

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• Public Service Regulations
• Upgrading Of Post
• Appointment Procedure
• Discretion Of Executing Authority
• Interdict
• Job Evaluation

Mashele and Others v General Public Service Sectoral Bargaining Council and Others (JR 648/ 04)

Mashele and Others v General Public Service Sectoral Bargaining Council and Others (JR 648/ 04) [2007] ZALC 142 (10 January 2007)

Court

Labour Court

Case number

JR 648/ 04

Judge

E Revelas

The Labour Court dismissed a review of an arbitration award and held that employees were not entitled to acting allowances without reappointment under Resolution 1 of 2002.

• Acting Allowance
• Public Service Resolution
• Unfair Labour Practice
• Appointment Procedure
• Acting-allowance
• Public-service-resolution

Alexandre v Provincial Administration of the Western Cape Department of Health (C 1149/02)

Alexandre v Provincial Administration of the Western Cape Department of Health (C 1149/02) [2004] ZALC 66 (6 September 2004)

Court

Labour Court

Case number

C 1149/02

Judge

Murphy

The Labour Court dismissed a white applicant’s racial discrimination claim over a senior health department appointment, holding the successful candidate was chosen on merit with lawful affirmative action considerations.

• Employment Equity Act
• Affirmative Action
• Unfair Discrimination
• Appointment Procedure
• Merit Vs Equity
• Burden Of Proof

De Kock v Munisipaliteit van Villiersdorp (C141/2000)

De Kock v Munisipaliteit van Villiersdorp (C141/2000) [2001] ZALC 43; [2001] 10 BLLR 1111 (LC) (26 March 2001)

Court

Labour Court

Case number

C141/2000

Judge

A A Landman

The Labour Court found that a municipal appointment was tainted by nepotism, but denied appointment or compensation to the applicant and awarded costs.

• Unfair Labour Practice
• Nepotism
• Discrimination
• Appointment Procedure
• Costs Award
• Unfair-labour-practice