Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
3 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Labour Law [2024] ZALCJHB 359

National Union of Metalworkers of South Africa obo Thabo v Boss Scaffolding and Access Solutions and Others (JR1721/2021)

National Union of Metalworkers of South Africa obo Thabo v Boss Scaffolding and Access Solutions and Others (JR1721/2021) [2024] ZALCJHB 359 (12 August 2024)

Court
Labour Court Johannesburg
Case number
JR1721/2021
Judge
Tlhotlhalemaje

The court found that the commissioner misconceived the nature of the enquiry by failing to determine whether failing a breathalyser test constituted a breach of a known workplace rule justifying dismissal. The disciplinary code only specified dismissal for being under the influence of alcohol, not for failing a breathalyser test. The commissioner also failed to properly consider whether the employee was denied representation at the disciplinary enquiry, relying on documentary evidence that did not conclusively show the employee had elected not to have representation. The court held that the e…

Source excerpt

  • Unfair Dismissal
  • Procedural Fairness
  • Disciplinary Code
  • Breathalyser Evidence
  • Remedies For Unfair Dismissal
Read case analysis
Civil Procedure [2024] ZALMPPHC 209

Mafokane v MEC for Transport, Limpopo Province and Others (HCA 35/2023)

Mafokane v MEC for Transport, Limpopo Province and Others (HCA 35/2023) [2024] ZALMPPHC 209 (28 June 2024)

Court
Limpopo High Court, Polokwane
Case number
HCA 35/2023
Judges
Mashamba, Ngobeni

The court found that the appellant failed to prove that his detention was unlawful, as there was no evidence he applied for police bail or that a qualified officer refused such bail. The discretion to grant police bail lies with an authorised officer, and the appellant did not discharge the burden of proof. The breathalyser evidence was accepted as valid, and there was no substantiation for the claim that the equipment was faulty. The appellant's refusal to provide a blood sample was not justified by medical evidence and constituted an offence under section 65(9) of the National Road Traffic…

Source excerpt

  • Unlawful Detention
  • Malicious Prosecution
  • Police Bail Discretion
  • Breathalyser Evidence
  • Refusal To Provide Blood Sample
Read case analysis
Commercial And Corporate [2005] ZAECHC 36

Price v Mutual & Federal Insurance Co. Ltd (2052/2003)

Price v Mutual & Federal Insurance Co. Ltd (2052/2003) [2005] ZAECHC 36; 2005 (1) SACR 501 (SE); 2007 (4) SA 51 (SE) (6 September 2005)

Court
High Courts - Eastern Cape
Case number
2052/2003
Judge
Sangoni

The court found that the defendant failed to discharge the onus to prove that the plaintiff drove his vehicle while under the influence of intoxicating liquor or drugs, or while his blood alcohol concentration exceeded the statutory limit. The evidence regarding the calibration and operation of the Lion S-D2 breathalyser was insufficiently reliable and inadequately explained, casting doubt on the accuracy of the reading. The court held that the defendant was required to establish the plaintiff’s individual partition ratio for converting breath alcohol to blood alcohol, and had not done so. Th…

Source excerpt

  • Insurance Exclusion Clause
  • Burden Of Proof
  • Breathalyser Evidence
  • Partition Ratio
  • Calibration Of Instruments
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.