South Africa Case Law

Mavundla v Gotcha Security Services (Pty) Ltd (CCT 170/24)

Mavundla v Gotcha Security Services (Pty) Ltd (CCT 170/24) [2025] ZACC 11 (18 June 2025)

Court

Constitutional Court

Case number

CCT 170/24

Judges

Maya, Madlanga, Dambuza, Goosen, Kollapen, Majiedt, Mhlantla, Opperman, Rogers, Theron, Tshiqi

The Constitutional Court held that the Labour Court misapplied the principles governing enforcement orders and reinstatement. The enforcement order issued by Moshoana J did not replace or extinguish the original arbitration award's effect, nor did it constitute a compromise or waiver of the applicant's entitlement to arrear remuneration. The applicant's contract of employment was restored from 1 August 2019, as per the arbitration award, and the subsequent enforcement order merely set a new date for factual reinstatement without altering the contractual restoration date. The applicant was the…

Source excerpt

• Reinstatement
• Arrear Remuneration
• Enforcement Of Arbitration Award
• Compromise And Waiver
• Fair Labour Practices

Primedia (Pty) Ltd v Alfonso (2015/9527)

Primedia (Pty) Ltd v Alfonso (2015/9527) [2017] ZAGPJHC 246 (13 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2015/9527

Judge

S Weiner

The High Court dismissed special pleas that a separation agreement compromised a sale-of-shares claim and that co-sellers had to be joined.

• Contract Interpretation
• Compromise And Waiver
• Non Joinder
• Sale Of Shares
• Separation Of Issues
• Contract-interpretation

Heunis v Letsweleputswa District Municipality and Another (2635/2015)

Heunis v Letsweleputswa District Municipality and Another (2635/2015) [2015] ZAFSHC 200; (2016) 37 ILJ 895 (FB) (29 October 2015)

Court

Free State High Court, Bloemfontein

Case number

2635/2015

Judge

B C Mocumie

The court held that retrenchment triggered a statutory pension contribution owed by the municipality and rejected a supposed settlement as no waiver of pension rights.

• Retrenchment
• Statutory Pension Rights
• Specific Performance
• Compromise And Waiver
• Basic Conditions Of Employment
• Statutory-pension-rights