South Africa Case Law

Van Den Heever v Makgakantshe Mining Commodities (Pty) Ltd and Others (JR2609/22)

Van Den Heever v Makgakantshe Mining Commodities (Pty) Ltd and Others (JR2609/22) [2025] ZALCJHB 7; (2025) 46 ILJ 1278 (LC) (16 January 2025)

Court

Labour Court Johannesburg

Case number

JR2609/22

Judge

C Orr

The Labour Court postponed an application to amend a CCMA enforcement order, held the CCMA was a necessary party, and joined it as fourth respondent.

• Joinder Of Parties
• Enforcement Of Arbitration Award
• Incorporeal Property Attachment
• Certification Of Award
• Ccma Jurisdiction
• Joinder-of-parties

Nkayi v Revelation Church of God (J1790/19)

Nkayi v Revelation Church of God (J1790/19) [2021] ZALCJHB 185 (2 August 2021)

Court

Labour Court Johannesburg

Case number

J1790/19

Judge

L Raphulu

Labour Court made a CCMA award an order of court and ordered security for costs to stay enforcement, despite a pending but delayed review.

• Arbitration Award Enforcement
• Security For Costs
• Review Application Delay
• Certification Of Award
• Arbitration-award-enforcement
• Security-for-costs

SAMWU obo Gwejane and Others v City of Ekurhuleni Metropolitan Municipality (J 646/20)

SAMWU obo Gwejane and Others v City of Ekurhuleni Metropolitan Municipality (J 646/20) [2021] ZALCJHB 467 (8 February 2021)

Court

Labour Court Johannesburg

Case number

J 646/20

Judge

Mabaso

The Labour Court dismissed a contempt application over non-compliance with a certified arbitration award, but directed the municipal manager to ensure compliance within 15 days.

• Contempt Of Court
• Arbitration Award Enforcement
• Review Application
• Certification Of Award
• Civil Contempt
• Remedial Orders

National Dept of Health v Pardesi and Another (J1978/2016)

National Dept of Health v Pardesi and Another (J1978/2016) [2016] ZALCJHB 492 (12 September 2016)

Court

Labour Court Johannesburg

Case number

J1978/2016

Judge

Van Niekerk

The court found that the writ of execution was valid as the arbitration award had been properly certified in accordance with section 143(3) of the LRA. The applicant's argument that the writ was invalid was incorrect, and its counsel conceded this point during the hearing. The applicant had not furnished security as required by section 145(7)-(8), and no facts were presented to justify exemption from this requirement. Therefore, the institution of review proceedings did not suspend the operation of the arbitration award, and the application to set aside or suspend the writ was dismissed. Rega…

Source excerpt

• Unfair Labour Practice
• Arbitration Award Enforcement
• Precautionary Suspension
• Costs De Bonis Propriis
• Urgent Interdict
• Certification Of Award

IT Knowledge and Expertise CC v Verwey and Another (J2650/14)

IT Knowledge and Expertise CC v Verwey and Another (J2650/14) [2014] ZALCJHB 483 (5 December 2014)

Court

Labour Court Johannesburg

Case number

J2650/14

Judge

Tlhotlhalemaje

The court found that the applicant failed to prosecute its review application timeously and properly, as it was not served on the respondent and the record of proceedings was not filed. The applicant's reliance on its attorneys' ineptitude did not absolve it of responsibility. The interests of justice, including the need for finality and the risk of injustice to the respondent, did not support a stay of execution. The applicant's history of launching but not pursuing applications further weighed against granting relief. The respondent, having waited nearly four years to enforce her award, was…

Source excerpt

• Stay Of Execution
• Review Of Arbitration Award
• Rescission Application
• Certification Of Award
• Condonation
• Costs Award