South Africa Case Law

Association of Mineworkers Construction Union obo Fakude v NI-DA Transport (Pty) Ltd and Others (D788/2019)

Association of Mineworkers Construction Union obo Fakude v NI-DA Transport (Pty) Ltd and Others (D788/2019) [2025] ZALCD 19 (19 May 2025)

Court

Labour Court Durban

Case number

D788/2019

Judge

Whitcher

The court found that at least 58 employees properly tendered their services within the ten-day period stipulated in the certified arbitration award. The respondents' challenge to the authenticity of the tender list was unpersuasive, and the director's authority to enforce compliance was reasonably inferred and unchallenged. The respondents' obligation to reinstate crystallized after the exhaustion of all legal remedies, specifically after the Constitutional Court dismissed their appeal. Their failure to take proactive steps to reinstate employees post-appeal constituted wilful non-compliance…

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• Civil Contempt
• Certified Arbitration Award
• Reinstatement
• Wilful Non Compliance
• Burden Of Proof
• Director Liability

NEHAWU obo Denner v Director General : Agriculture Land Reform and Rural Development Cape Town Mr Ramasodi Mooketsa and Others (C387/24)

NEHAWU obo Denner v Director General : Agriculture Land Reform and Rural Development Cape Town Mr Ramasodi Mooketsa and Others (C387/24) [2024] ZALCCT 69 (11 December 2024)

Court

Labour Court Cape Town

Case number

C387/24

Judge

T Gandidze

The Labour Court held the respondents in contempt for ignoring a certified arbitration award, rejecting the argument that a promised review suspended compliance.

• Contempt Of Court
• Certified Arbitration Award
• Enforcement Of Awards
• Wilfulness And Mala Fides
• Review Application
• Costs Order

Coetzer v Thabakholo Environmental Solutions Pty Ltd and Another (J1599/23)

Coetzer v Thabakholo Environmental Solutions Pty Ltd and Another (J1599/23) [2024] ZALCJHB 248 (4 June 2024)

Court

Labour Court Johannesburg

Case number

J1599/23

Judge

T Gandidze

The Labour Court held the respondents in contempt for wilfully failing to reinstate the applicant under a certified award, imposing a suspended R100,000 fine.

• Contempt Of Court
• Certified Arbitration Award
• Reinstatement
• Settlement Agreement
• Wilful Non Compliance
• Contempt-of-court

Nehawu obo Legodi v Laerskool Lindopark Primary (J1549/2023)

Nehawu obo Legodi v Laerskool Lindopark Primary (J1549/2023) [2024] ZALCJHB 94 (5 March 2024)

Court

Labour Court Johannesburg

Case number

J1549/2023

Judge

Daniels

The Labour Court held the respondents in contempt for refusing to comply with a certified CCMA reinstatement award and ordered reinstatement, a suspended sentence, and costs.

• Contempt Of Court
• Certified Arbitration Award
• Reinstatement
• Wilful Non Compliance
• Labour Relations Act
• Contempt-of-court

SAUO obo Moller v MEC for Department of Education: North West Province and Another (J1527/2023)

SAUO obo Moller v MEC for Department of Education: North West Province and Another (J1527/2023) [2024] ZALCJHB 101 (5 March 2024)

Court

Labour Court Johannesburg

Case number

J1527/2023

Judge

R Daniels

The Labour Court found the respondents in contempt for failing to fully implement a certified arbitration award and ordered compliance, interest, and costs.

• Certified Arbitration Award
• Contempt Of Court
• Remuneration Adjustment
• Interest On Backpay
• Contempt-of-court
• Certified-arbitration-award

SAUO obo Moller v MEC for Department of Education: North-West Province (J1527/2023)

SAUO obo Moller v MEC for Department of Education: North-West Province (J1527/2023) [2024] ZALCJHB 82 (5 February 2024)

Court

Labour Court Johannesburg

Case number

J1527/2023

Judge

R Daniels

The respondents were found to be in contempt of court for failing to comply fully with the certified arbitration award. The court established that the respondents had knowledge of the order, that it was served on them, and that they did not comply with its terms regarding the applicant's post level and interest on backpay. The respondents did not provide any evidence to rebut the presumption of wilfulness and mala fides. The court held that partial compliance was insufficient and that the respondents' conduct was deliberate. The application was granted, and the respondents were fined and orde…

Source excerpt

• Certified Arbitration Award
• Contempt Of Court
• Enforcement Of Awards
• Interest On Backpay
• Costs Order

ECCAWUSA obo Moyo v Super Spar, Polofields and Another (J547/22)

ECCAWUSA obo Moyo v Super Spar, Polofields and Another (J547/22) [2023] ZALCJHB 330; (2024) 45 ILJ 543 (LC) (1 December 2023)

Court

Labour Court Johannesburg

Case number

J547/22

Judge

G N Moshoana

The Labour Court found Magnus Loubser in contempt for failing to ensure compliance with a certified arbitration award reinstating Kelvin Moyo.

• Contempt Of Court
• Certified Arbitration Award
• Reinstatement
• Costs Order
• Contempt-of-court
• Labour-law

Songelwa v Bongithole Security Services and Others (P41/21)

Songelwa v Bongithole Security Services and Others (P41/21) [2022] ZALCPE 13 (29 June 2022)

Court

Labour Court Port Elizabeth

Case number

P41/21

Judge

Lallie

The Labour Court dismissed a contempt application over a certified CCMA award, finding the applicant failed to prove non-compliance and ordered no costs.

• Contempt Of Court
• Certified Arbitration Award
• Unfair Labour Practice
• Costs Order
• Contempt-of-court
• Certified-arbitration-award

van Rensburg and Others v Department of Justice and Correctional Services and Others (C724/2021)

van Rensburg and Others v Department of Justice and Correctional Services and Others (C724/2021) [2022] ZALCCT 22; (2022) 43 ILJ 2110 (LC) (20 May 2022)

Court

Labour Court Cape Town

Case number

C724/2021

Judge

Rabkin-Naicker

The court found that the defence of prescription was not available to the respondents because the certified arbitration award constituted a debt under the Prescription Act, and prescription was interrupted by both the referral to the Bargaining Council and the section 158(1)(c) application. The process under section 158(1)(c) qualifies as a 'process' under section 15(1) of the Prescription Act, thus interrupting prescription. The respondents' argument that the application was abandoned was not supported by the pleadings. Regarding standing, the court accepted the confirmatory affidavit author…

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• Prescription Act Interpretation
• Contempt Of Court
• Certified Arbitration Award
• Unfair Labour Practice
• Mandamus
• Standing Of Applicants

SAMWU obo Dorfling v Gamagara Municipality and Another (J1579/17)

SAMWU obo Dorfling v Gamagara Municipality and Another (J1579/17) [2021] ZALCJHB 293 (18 September 2021)

Court

Labour Court Johannesburg

Case number

J1579/17

Judge

Tlhotlhalemaje

The Labour Court dismissed a contempt application over a certified arbitration award, finding the municipality had complied and was legally barred from allowing certain duties.

• Contempt Of Court
• Certified Arbitration Award
• Unfair Labour Practice
• Remuneration
• Disciplinary Proceedings
• Contempt-of-court