South Africa Case Law

Massmart Holdings Ltd and Others v South African Commercial Catering and Allied Workers Union (JS 757/2021)

Massmart Holdings Ltd and Others v South African Commercial Catering and Allied Workers Union (JS 757/2021) [2022] ZALCJHB 119 (23 May 2022)

Court

Labour Court Johannesburg

Case number

JS 757/2021

Judge

Van Niekerk

The Labour Court dismissed all exceptions raised by the union. The court held that section 68(1)(b) of the LRA, as amended, empowers it to award compensation for losses attributable to unlawful conduct during a protected strike, provided such conduct constitutes an offence or breaches the Act. The immunity conferred by section 67 is not absolute and does not shield unlawful conduct. The court found that the factors listed in section 68(1)(b)(i)-(iv) are not elements of the cause of action but guide the assessment of quantum. The union's argument based on Stuttafords was rejected in favour of…

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• Protected Strike
• Compensation For Loss
• Jurisdiction Of Labour Court
• Picketing Rules
• Strike Related Offences

Magadla v Xavier Used Cars (GCC 09/2019)

Magadla v Xavier Used Cars (GCC 09/2019) [2020] ZACONAF 5 (6 November 2020)

Court

Consumer Affairs Court

Case number

GCC 09/2019

Judges

M A du Plessis, M Phukubje, P Opperman

The court found the defendant failed to complete agreed vehicle repairs, breached section 54 of the CPA, and ordered payment of the vehicle’s assessed value plus interest.

• Consumer Protection Act
• Quality Of Service
• Contractual Breach
• Compensation For Loss
• Consumer-protection-act
• Quality-of-service

South African Human Rights Commission and Others v City of Cape Town and Others (8631/2020)

South African Human Rights Commission and Others v City of Cape Town and Others (8631/2020) [2020] ZAWCHC 84; 2021 (2) SA 565 (WCC) (25 August 2020)

Court

Western Cape High Court, Cape Town

Case number

8631/2020

Judges

Y.S. Meer, R. Allie

The High Court granted urgent interim relief stopping Cape Town from demolishing or evicting informal dwellings without a court order during the disaster period.

• Eviction Proceedings
• Judicial Oversight
• Right To Dignity
• Counter Spoliation
• Disaster Management Regulations
• Compensation For Loss

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (270/2018)

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (270/2018) [2018] ZASCA 160; 2019 (4) SA 194 (SCA) (28 November 2018)

Court

Supreme Court of Appeal

Case number

270/2018

Judges

Ponnan, Tshiqi, Saldulker, Mokgohloa, Rogers

The Supreme Court of Appeal held that the creation of dedicated bus lanes and the installation of physical barriers in Mooki Street did not amount to a permanent closure or diversion of part of the street within the meaning of section 67 of the Local Government Ordinance 17 of 1939. The court found that the closure was only for a particular class of traffic—vehicles other than Rea Vaya buses—and thus fell under section 66(1), which does not require the procedures of section 67. The court distinguished the present facts from previous cases where streets were closed or diverted to all traffic o…

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• Municipal Powers
• Road Closure
• Compensation For Loss
• Traffic Regulation
• Local Government Ordinance
• Dedicated Bus Lane

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (2011/44745)

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (2011/44745) [2017] ZAGPJHC 460 (15 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2011/44745

Judge

L Windell

The High Court held that BRT works on Mooki Street did not permanently close or divert the road under section 67 of the Ordinance. The claim for damages was dismissed.

• Road Closure
• Municipal Powers
• Compensation For Loss
• Traffic Flow Alteration
• Local Government Ordinance
• Public Right Of Way

Minister of Water and Environmental Affairs and Another v Really Useful Investments No 219 (Pty) Ltd and Another (436/2015)

Minister of Water and Environmental Affairs and Another v Really Useful Investments No 219 (Pty) Ltd and Another (436/2015) [2016] ZASCA 156; [2017] 1 All SA 14 (SCA); 2017 (1) SA 505 (SCA) (3 October 2016)

Court

Supreme Court of Appeal

Case number

436/2015

Judges

Navsa, Wallis, Dambuza, Mocumie, Dlodlo

The Supreme Court of Appeal held that section 34 of the Environment Conservation Act provides a right to compensation only in circumstances where limitations are placed on land use or activities through the creation of protected environmental areas, not for regulatory directives issued under section 31A. The directive issued by the City was regulatory, aimed at preventing environmental harm, and did not curtail real rights in land in the manner contemplated by section 34. The exemption provisions in section 37 of ECA and section 49 of NEMA do not apply to statutory compensation claims under s…

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• Environment Conservation Act
• National Environmental Management Act
• Statutory Interpretation
• Compensation For Loss
• Regulatory Directives
• Exception Procedure

South African Transport and Allied Workers Union v Algoa Bus Company (Pty) Ltd and Others (P337/12)

South African Transport and Allied Workers Union v Algoa Bus Company (Pty) Ltd and Others (P337/12) [2016] ZALCPE 28; [2016] 7 BLLR 711 (LC) (20 April 2016)

Court

Labour Court Port Elizabeth

Case number

P337/12

Judge

Lallie

The Labour Court dismissed condonation applications for a late leave-to-appeal and a late rescission request, finding the delays inordinate and inadequately explained.

• Condonation
• Rescission Of Judgment
• Unprotected Strike
• Compensation For Loss
• Default Judgment
• Rescission-of-judgment

Kotze v Mpumalanga Department of Education and Others (18453/13)

Kotze v Mpumalanga Department of Education and Others (18453/13) [2014] ZAGPPHC 322; (2014) 35 ILJ 2361 (GNP) (4 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

18453/13

Judge

S K Hassim

The court held that, in line with the Supreme Court of Appeal’s decision in Highveld Steel and Vanadium Corporation Ltd v Oosthuizen, the employer is entitled to request the pension fund to withhold payment of the pension benefit pending final determination of its claim for compensation arising from alleged misconduct. The statutory provisions do not require that a written admission or court judgment be available at the time of termination; rather, the purpose is to protect the employer’s right to recover losses. The applicant’s main application is postponed pending the outcome of the related…

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• Government Employees Pension Law
• Interdict
• Withholding Of Pension Benefits
• Financial Misconduct
• Section 21 Gepl
• Compensation For Loss

Mkhuba v Minister of Police and Another (85/2013)

Mkhuba v Minister of Police and Another (85/2013) [2014] ZAECMHC 2; 2014 (2) SACR 205 (ECM) (13 February 2014)

Court

Eastern Cape High Court, Mthatha

Case number

85/2013

Judge

N G Beshe

The court ordered compensation for a licensed firearm lost while in police custody, finding the refusal to return it was unsupported and the firearm had been stolen.

• Unlawful Administrative Action
• Return Of Seized Property
• Compensation For Loss
• Firearms Control Act
• Return-of-seized-property
• Firearms-control-act

City of Johannesburg Metropolitan Municipality (Formerly known as Johannesburg Transitional Metropolitan Council) v Engen Petroleum Limited and Another (153/2008)

City of Johannesburg Metropolitan Municipality (Formerly known as Johannesburg Transitional Metropolitan Council) v Engen Petroleum Limited and Another (153/2008) [2009] ZASCA 5; 2009 (4) SA 412 (SCA) ; [2009] 3 All SA 11 (SCA) (10 March 2009)

Court

Supreme Court of Appeal

Case number

153/2008

Judges

Mpati, Cloete, Lewis, Cachalia, Leach

The Supreme Court of Appeal held that elevating lanes of Grayston Drive to form a flyover was a permanent diversion under section 67 of the Local Government Ordinance.

• Permanent Diversion Of Road
• Compensation For Loss
• Local Government Ordinance
• Access To Property
• Permanent-diversion-of-road
• Road-access-compensation