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South Africa decisions
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Mbokodo and Another v NEHAWU and Others (2025/094549) [2025] ZALCJHB 273 (30 June 2025)
The Labour Court dismissed an urgent application to stop a union congress, holding the matter was not urgent and was barred by lis pendens because identical relief was pending in the High Court.
Peacanwood Estate Homeowners' Association NPC v Ntsanwisi and Another (2066/2020) [2025] ZANWHC 144 (22 April 2025)
High Court holds the Community Schemes Ombud Service Act does not oust its jurisdiction over levy recovery; defendants’ referral plea was dismissed.
Mbambi v Tyeks Security Services (CA26/2024) [2024] ZAECMHC 84 (5 November 2024)
The court held that the High Court retains jurisdiction to adjudicate claims arising from the enforcement of contractual rights in the employment context, unless the claim is one for which the LRA creates specific statutory remedies that are exclusively within the Labour Court's jurisdiction. The appellant's claim was based on breach of contract and sought damages for alleged repudiation, not for unfair dismissal or other statutory relief under the LRA. The pleadings did not assert a cause of action that fell within the exclusive jurisdiction of the Labour Court. The court a quo erred by conf…
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Chwaro v Minister of Defence and Military Veterans N.O and Another (38952/2022) [2024] ZAGPPHC 684 (15 July 2024)
The court found that the applicant failed to meet the conditions of her appointment, specifically the requirement to submit proof of a NQF level 7 qualification. The termination of her contract was effected in accordance with the terms of her appointment letter and probationary requirements. The application did not raise any public law basis for review, nor did it allege any breach of constitutional rights or mala fides by the respondents. The reliance on Baloyi v Public Protector was misplaced, as the facts did not support concurrent jurisdiction of the High Court. The application was essent…
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Industrial Gas Users Association of Southern Africa v Sasol Gas (Proprietary) Limited and Others (IR095AUG22) [2023] ZACT 55 (12 May 2023)
The Tribunal granted interim relief restraining Sasol Gas from raising prices above R68.39/GJ without notice, and dismissed Sasol Gas’s challenge to the Commission’s summons.
Sasol Gas (Proprietary) v Limited Competition Commission of South Africa and Others (OTH110Sep22; IR095AUG22) [2023] ZACT 65 (12 May 2023)
The Tribunal granted IGUA-SA interim relief against Sasol Gas’s proposed gas price increase, upheld the Competition Commission’s concurrent jurisdiction, and dismissed Sasol Gas’s summons challenge.
Isibonelo Property Services (Pty) Ltd v Uchemek World Cargo Link Freight CC and Others (55408/2021) [2023] ZAGPJHC 156 (17 February 2023)
The High Court dismissed an exception challenging jurisdiction and a lease clause consenting to Magistrates’ Court jurisdiction, awarding costs to the plaintiff.
Phalafala and Others v Member of Executive Council for Education, Limpopo Province and Others (3697/2018) [2022] ZALMPPHC 23 (16 May 2022)
The court found that the applicants' claim was formulated as a challenge to the administrative implementation of an incentive policy, not as an unfair labour practice under the Labour Relations Act. Both parties agreed that the decision in question was administrative in nature. The Constitutional Court's guidance in Baloyi v Public Protector and Gcaba v Minister for Safety and Security established that jurisdiction is determined by the pleadings and that the High Court retains concurrent jurisdiction with the Labour Court in such matters. The respondents' persistence in raising the jurisdicti…
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Road Accident Fund v Nthosa Madiba Incorporated and Others (22264/2022) [2022] ZAGPPHC 314 (26 April 2022)
The North Gauteng High Court found that it has concurrent jurisdiction with the Limpopo Division to hear the application, as the conduct sought to be interdicted and the relevant parties are within its jurisdiction. However, the court emphasised that suspending execution of another division's order should only occur in exceptional circumstances. The applicant's delay in approaching the court rendered the urgency largely self-created, but the public interest in safeguarding public funds and investigating allegations of fraud justified hearing the matter urgently. The court granted a conditiona…
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Voko v Road Accident Fund (06/2022) [2022] ZAECGHC 33 (29 March 2022)
The court held that section 27 of the Superior Courts Act restricts the removal of proceedings to another seat within a division only if that seat has been established by the Minister as a local seat after consultation with the Judicial Service Commission. The East London Circuit Court is not a local seat but a circuit court, and therefore does not qualify for removal under section 27. The applicants' reliance on convenience and cost-efficiency does not override the statutory framework. The High Court is obliged to hear matters within its jurisdiction and cannot decline to do so based on conc…
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