South Africa Case Law

Minister of Employment and Labour v Arbitrator of AFSA: Rudzani and Others (038938/2024)

Minister of Employment and Labour v Arbitrator of AFSA: Rudzani and Others (038938/2024) [2025] ZAGPPHC 745 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

038938/2024

Judge

Labuschagne

The High Court dismissed a review and condonation application because the arbitration award had already been made an order of court, making a section 33 review incompetent.

• Arbitration Award Enforcement
• Review Of Arbitration Award
• Condonation Application
• Arbitration Act Section 33
• Arbitration Act Section 31
• Arbitration-award-enforcement

Road Accident Fund v Commission for Conciliation Mediation and Arbitration and Others (D242/2024)

Road Accident Fund v Commission for Conciliation Mediation and Arbitration and Others (D242/2024) [2025] ZALCD 26 (17 July 2025)

Court

Labour Court Durban

Case number

D242/2024

Judge

M Mpahlwa

The applicant failed to prosecute the review application within the prescribed timeframes, did not seek condonation for late filing, and took no steps to reinstate the application. The review application is deemed withdrawn under Rule 37(15) of the Labour Court Rules and the Practice Manual. The Labour Court retains jurisdiction to dismiss the review application for unreasonable delay and lack of prosecution, as confirmed by recent case law. The Respondents suffered prejudice due to prolonged suspension and delay. The interests of justice and the objectives of the LRA require expeditious reso…

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• Unfair Labour Practice
• Review Application Delay
• Practice Manual Deemed Withdrawal
• Condonation
• Arbitration Award Enforcement

Atlas Plant Hire (Pty) Ltd v Stapelberg N.O and Others (JR 86/19)

Atlas Plant Hire (Pty) Ltd v Stapelberg N.O and Others (JR 86/19) [2025] ZALCJHB 295 (30 June 2025)

Court

Labour Court Johannesburg

Case number

JR 86/19

Judge

Lennox

The court found that the applicant's absence at the hearing was due to a procedural error by the Registrar, who sent notice to the wrong email address. This justified rescission of the dismissal order under established case law. However, the review application had lapsed due to non-compliance with section 11.2.7 of the Practice Manual, as the record was filed out of time and no reinstatement application was made. The court therefore granted rescission of the dismissal order but held that the review application is deemed lapsed and must be archived. The Third Respondent is entitled to execute…

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• Rescission Of Order
• Review Application Lapse
• Practice Manual Compliance
• Arbitration Award Enforcement

39 Van Der Merwe Street Hillbrow CC and Another v Paragon Cullinan Financial Services Partnership and Others (2025/089172)

39 Van Der Merwe Street Hillbrow CC and Another v Paragon Cullinan Financial Services Partnership and Others (2025/089172) [2025] ZAGPJHC 644 (27 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/089172

Judge

Z Khan

The High Court dismissed an urgent Rule 45A application to stay a sale in execution because the applicants lacked authority to sue, with their members’ interest vested in trustees under section 21.

• Urgent Stay Of Execution
• Authority To Institute Proceedings
• Sequestration And Trustee Control
• Section 21 Insolvency Act
• Arbitration Award Enforcement
• Urgent-stay-of-execution

Rand Water v Taroline (Pty) Ltd and Others (2024-124556)

Rand Water v Taroline (Pty) Ltd and Others (2024-124556) [2025] ZAGPPHC 571 (4 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-124556

Judge

MPN Mbongwe

The High Court set aside an urgent writ of execution after finding the debt had already been paid and the first respondent lacked standing to enforce it.

• Writ Of Execution
• Locus Standi
• Arbitration Award Enforcement
• Debt Settlement
• Writ-of-execution
• Locus-standi

Keepile v Lekwa-Teeman Local Municipality (JS144/2022)

Keepile v Lekwa-Teeman Local Municipality (JS144/2022) [2025] ZALCJHB 143 (3 April 2025)

Court

Labour Court Johannesburg

Case number

JS144/2022

Judge

P Naidoo

The Labour Court dismissed a special plea that it lacked jurisdiction to hear a claim for arrear back pay arising from an award ordering re-employment.

• Arbitration Award Enforcement
• Jurisdiction Of Labour Court
• Back Pay Claim
• Reinstatement
• Tender Of Services
• Labour-court-jurisdiction

City of Ekurhuleni Metropolitan Municipality and Another v SAMWU obo Gwejane and Others (JA 06/24)

City of Ekurhuleni Metropolitan Municipality and Another v SAMWU obo Gwejane and Others (JA 06/24) [2025] ZALAC 18; [2025] 6 BLLR 545 (LAC); (2025) 46 ILJ 1325 (LAC) (20 March 2025)

Court

Labour Appeal Court

Case number

JA06/24

Judges

Savage, Sutherland, Davis

The Labour Appeal Court upheld a contempt finding against a municipal accounting officer who failed to ensure compliance with an award and court orders.

• Contempt Of Court
• Arbitration Award Enforcement
• Municipal Accountability
• Wilful Noncompliance
• Contempt-of-court
• Arbitration-award-enforcement

Aveng Afrika (Pty) Limited v Mathupha Capital (Pty) Limited (1649/2022)

Aveng Afrika (Pty) Limited v Mathupha Capital (Pty) Limited (1649/2022) [2025] ZAGPJHC 284 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

1649/2022

Judge

S. Van Nieuwenhuizen

The High Court made an arbitration award, as supplemented, an order of court, refused postponement and condonation, and ordered attorney-and-client costs.

• Arbitration Award Enforcement
• Attorney And Client Costs
• Counterclaim Stay
• Variation Of Award
• Condonation For Late Filing
• Arbitration-award-enforcement

Lesira Manufacturing (Pty) Ltd v Schulz and Others (JR409/2021; J2156/19)

Lesira Manufacturing (Pty) Ltd v Schulz and Others (JR409/2021; J2156/19) [2025] ZALCJHB 73 (26 February 2025)

Court

Labour Court Johannesburg

Case number

JR409/2021; J2156/19

Judge

N L Dandadzi

The court found that the applicant's review/counter application under J2156/19 was validly withdrawn, as the notice of withdrawal was filed with the Registrar and confirmed in the applicant's own affidavit. Even if not withdrawn, the application would have lapsed under the Labour Court Practice Manual due to delay. The condonation application for late filing of the review under JR409/21 was dismissed because the applicant failed to provide a reasonable explanation for the delay and had no prospects of success. The grounds for review—misconduct, gross irregularity, and improper procurement—wer…

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• Private Arbitration Review
• Condonation
• Arbitration Award Enforcement
• Gross Irregularity
• Costs Order

Govender v Kwazulu Natal Office of Premier (D 601/2023)

Govender v Kwazulu Natal Office of Premier (D 601/2023) [2025] ZALCD 7; (2025) 46 ILJ 1720 (LC) (20 February 2025)

Court

Labour Court Durban

Case number

D 601/2023

Judge

Whitcher

The court found that Govender's conduct did not amount to vexatious litigation. His applications were legitimate attempts to enforce an arbitration award and secure compliance with court orders, particularly in light of the respondent's failure to finalize the security issue and their delay in proceedings. The respondent's application to declare Govender a vexatious litigant was brought in bad faith, as there was no evidence of persistent, unreasonable litigation. The contempt application was dismissed because the respondent had filed for leave to appeal and had complied with procedural requi…

Source excerpt

• Contempt Of Court
• Vexatious Litigation
• Arbitration Award Enforcement
• Security For Review
• Unfair Dismissal