South Africa Case Law

Gauteng Department of Community Safety v General Public Service Sectoral Bargaining Council and Others (2025/054448)

Gauteng Department of Community Safety v General Public Service Sectoral Bargaining Council and Others (2025/054448) [2025] ZALCJHB 204 (30 May 2025)

Court

Labour Court Johannesburg

Case number

2025/054448

Judge

L Ah Shene

The court found that the applicant had established urgency due to the sheriff's attachment of assets and the imminent risk of sale. The requirements for an interim interdict were satisfied, as the applicant demonstrated a prima facie right and irreparable harm if the assets were sold before the review application was determined. The court exercised its discretion under section 145(3) of the Labour Relations Act to stay the enforcement of the arbitration award pending the outcome of the review. Regarding security for costs, the court held that the assets listed in the inventory would serve as…

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• Stay Of Execution
• Unfair Labour Practice
• Security For Costs
• Urgent Interdict
• Arbitration Award Review

FAWU obo Zulu and Others v Grobler N.O (D26/2021)

FAWU obo Zulu and Others v Grobler N.O (D26/2021) [2025] ZALCD 16 (4 April 2025)

Court

Labour Court Durban

Case number

D26/2021

Judge

K Allen-Yaman

The court found that the delay in delivering the record was significant but largely attributable to failures by the second respondent and miscommunications among FAWU officials, not the employees. The employees demonstrated active interest in pursuing the review, and their prospects of success were compelling, given the arbitrator's reliance on unsworn statements and failure to consider relevant defences and evidence of inconsistent discipline. The interests of justice required reinstatement of the review application and condonation for the late delivery of the record and institution of the r…

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• Condonation For Late Review
• Reinstatement Of Review Application
• Protected Strike Dismissal
• Arbitration Award Review
• Procedural Fairness
• Inconsistency In Discipline

MEC for Health, KwaZulu-Natal v King and Others; Department of Correctional Services v Balkaran NO and Others (D2110/18 ; D67/21)

MEC for Health, KwaZulu-Natal v King and Others; Department of Correctional Services v Balkaran NO and Others (D2110/18 ; D67/21) [2025] ZALCD 15; (2025) 46 ILJ 1957 (LC) (31 March 2025)

Court

Labour Court Durban

Case number

D2110/18 ; D67/21

Judge

M Makhura

The Labour Court held that the commissioners in both matters committed a material error by failing to enquire into their jurisdiction to arbitrate disputes referred many years after the cause of action arose. The Court found that, despite section 24 of the LRA not prescribing a referral period, disputes must be referred within a reasonable time, with section 191(1) serving as a benchmark. The commissioners should have required the parties to address jurisdiction and delay, especially given the retrospective relief sought. The awards were reviewed and set aside, and the matters remitted for fr…

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• Collective Agreement Interpretation
• Jurisdiction Of Bargaining Council
• Delay In Referral
• Condonation
• Prescription Act Application
• Arbitration Award Review

Ba-Phalaborwa Municipality v Tipuprox (Pty) Ltd and Another (030618/2023)

Ba-Phalaborwa Municipality v Tipuprox (Pty) Ltd and Another (030618/2023) [2025] ZAGPPHC 288 (14 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

030618/2023

Judge

N.P. Mali

The High Court dismissed Ba-Phalaborwa Municipality’s application to set aside an arbitration award because it failed to prove council authority to litigate.

• Arbitration Award Review
• Municipal Authority
• Council Resolution Requirement
• Rule 7 Uniform Rules
• Municipal-authority
• Rule-7

AMCU obo Manoto v Matsopa Minerals (Pty) Ltd and Others (Leave to Appeal) (JR10/20)

AMCU obo Manoto v Matsopa Minerals (Pty) Ltd and Others (Leave to Appeal) (JR10/20) [2025] ZALCJHB 69 (26 February 2025)

Court

Labour Court Johannesburg

Case number

JR 10/20

Judge

FI Baloyi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal or any compelling reason for the appeal to be heard. The submissions made did not persuade the court that another court would reach a different conclusion or that novel factual or legal material warranted further consideration. The application for condonation for late filing of submissions was unopposed and granted. Accordingly, the application for leave to appeal was dismissed.

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• Leave To Appeal
• Reasonable Prospect Of Success
• Condonation
• Arbitration Award Review

AMCU obo Manoto v Matsopa Minerals (Pty) Ltd (JR10/20)

AMCU obo Manoto v Matsopa Minerals (Pty) Ltd (JR10/20) [2025] ZALCJHB 58 (20 February 2025)

Court

Labour Court Johannesburg

Case number

JR10/20

Judge

FI Baloyi

The Labour Court dismissed AMCU’s application for leave to appeal after finding no reasonable prospects of success and no compelling reason to hear the appeal.

• Leave To Appeal
• Unfair Dismissal
• Arbitration Award Review
• Reasonable Prospect Of Success
• Leave-to-appeal
• Labour-law

Member of Executive Council Department of Education, KZN and Others v Zwane and Others (D24/25)

Member of Executive Council Department of Education, KZN and Others v Zwane and Others (D24/25) [2025] ZALCD 4 (31 January 2025)

Court

Labour Court Durban

Case number

D24/25

Judge

Whitcher

The court found that the applicants failed to make out a proper case for the stay of enforcement of the arbitration award or for exemption from furnishing security. The applicants provided no substantive explanation of the alleged severe prejudice or any specific averments regarding exemption under the PFMA. The Labour Appeal Court has made it clear that government departments are not automatically exempted from furnishing security and must show good cause. The applicants also failed to demonstrate urgency or seriousness in prosecuting the review application, which was filed out of time and a…

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• Stay Of Enforcement
• Security For Costs
• Arbitration Award Review
• Public Finance Management Act
• Condonation
• Costs Orders

NV Properties (Pty) Limited v Myburgh and Another (10409/2022)

NV Properties (Pty) Limited v Myburgh and Another (10409/2022) [2024] ZAGPJHC 1071 (9 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

10409/2022

Judge

Mdalana-Mayisela

The High Court granted leave to appeal to the Supreme Court of Appeal and refused condonation for a late conditional cross appeal, with costs.

• Arbitration Award Review
• Leave To Appeal
• Condonation For Late Filing
• Functus Officio
• Res Judicata
• Leave-to-appeal

City Of Cape Town v South African Local Government and Others (C47/2020)

City Of Cape Town v South African Local Government and Others (C47/2020) [2024] ZALCCT 8 (12 February 2024)

Court

Labour Court Cape Town

Case number

C47/2020

Judge

Lagrange

The Labour Court dismissed a review of an award finding that Cape Town’s delay in job re-evaluation was an unfair labour practice.

• Unfair Labour Practice
• Job Evaluation Policy
• Grading Of Posts
• Remuneration
• Arbitration Award Review
• Unfair-labour-practice

Wesbank v Commission For Conciliation, Mediation and Arbitration and Others (JR2154//21)

Wesbank v Commission For Conciliation, Mediation and Arbitration and Others (JR2154//21) [2024] ZALCJHB 26 (2 February 2024)

Court

Labour Court Johannesburg

Case number

JR 2154/21

Judge

Prinsloo

The Labour Court dismissed Wesbank’s application for leave to appeal, finding no reasonable prospect that another court would reach a different conclusion.

• Leave To Appeal
• Arbitration Award Review
• Reasonable Prospect Of Success
• Threshold For Interference
• Costs Order
• Leave-to-appeal