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South Africa decisions
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Moukangwe v Minister of Labour and Others (2025/028534) [2025] ZAGPJHC 771 (6 August 2025)
The High Court granted leave to sue Labour officials for damages, treating the filed motion papers as sufficient notice and finding good cause for condonation.
Zelolo v Anglo American Platinum Mogalakwena Mine (9395/2022) [2025] ZALMPPHC 72 (16 April 2025)
The court found that the plaintiff's particulars of claim were poorly drafted, failing to distinguish clearly between claims for compensation under statute and damages under delict. The use of 'compensation' and 'damages' interchangeably created confusion as to the legal basis of the claim. The court held that OHSA does not apply to mines and that non-compliance with OHSA only gives rise to criminal, not civil, liability. The particulars of claim did not adequately plead the elements of delict, specifically wrongfulness and causation. The quantum of damages was not set out with sufficient par…
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Le Franschhoek Hotel v Commission for Conciliation, Mediation and Arbitration and Others (C238/2022) [2025] ZALCJHB 84 (3 March 2025)
Labour Court upheld a CCMA award finding the dismissal of an executive chef substantively unfair after a workplace fire led to incapacity and a disputed return-to-work refusal.
Gore v Rand Mutual Assurance Company Ltd (A5045/2022) [2024] ZAGPJHC 732; [2024] 4 All SA 510 (GJ) (13 August 2024)
The High Court restored Vincent Gore’s revised COIDA award, holding the tribunal misread section 51 and wrongly placed an onus on him; the lateness objection failed.
Mothabane v Scaw Metals Group (10325/17) [2024] ZAGPPHC 454 (21 May 2024)
The court held that section 35(1) of the Compensation for Occupational Injuries and Diseases Act precludes the plaintiff from claiming damages against his employer for an occupational injury. The plaintiff's reliance on constitutional rights and the Minister of Defence and Military Veterans v Thomas case was misplaced, as the facts were distinguishable and did not support a claim against the employer for damages. The statutory regime provides comprehensive compensation for occupational injuries, replacing common law remedies. The defendant's alleged failure to report the accident or assist wi…
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Jamangile and Another v Minister of Correctional Services and Another (13659/2020) [2024] ZAGPJHC 38 (19 January 2024)
The High Court held that humiliating searches of two correctional services employees unlawfully infringed their dignity and privacy, and the employer is liable for damages.
Ampath Trust (Pty) Limited v Compensation Commissioner and Others (53352/2021) [2023] ZAGPPHC 1216 (20 September 2023)
High Court granted summary judgment for a medical-aid claimant after finding the defendants had not validly amended their plea and raised no genuine triable issue.
Manzini v Great North Transport (Pty) Ltd (34404/2007) [2023] ZAGPPHC 1114 (1 September 2023)
The court found that the shooting incident occurred while both the plaintiff and Mr. Hlongwane were on duty and within the defendant's premises. However, the act of shooting was not connected to the plaintiff's employment duties but rather stemmed from a personal dispute. Therefore, the risk was not incidental to employment, and the claim was not precluded by section 35 of COIDA. The exception raised by the defendant was dismissed as the plaintiff was only required to plead material facts, not evidence or law. The defendant was held liable to compensate the plaintiff for damages arising from…
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R.D.R v Sol Plaatje Municipality (2233/2018) [2023] ZANCHC 47 (21 July 2023)
The High Court refused condonation and leave to appeal, and confirmed damages for a plaintiff who suffered chronic PTSD and loss of income after rape.
Mienie v Road Accident Fund (457/2019) [2023] ZANCHC 51 (12 May 2023)
The court held that COIDA compensation must be deducted from RAF damages and accepted the use of the Compensation Commissioner’s actuarial basis for loss of earnings.
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