South Africa Case Law

Minister of Employment and Labour v Arbitrator of AFSA: Rudzani and Others (038938/2024)

Minister of Employment and Labour v Arbitrator of AFSA: Rudzani and Others (038938/2024) [2025] ZAGPPHC 745 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

038938/2024

Judge

Labuschagne

The High Court dismissed a review and condonation application because the arbitration award had already been made an order of court, making a section 33 review incompetent.

• Arbitration Award Enforcement
• Review Of Arbitration Award
• Condonation Application
• Arbitration Act Section 33
• Arbitration Act Section 31
• Arbitration-award-enforcement

Redec Services (Pty) Ltd and Others v Kansai Plascon (Pty) Ltd ( Application for Leave to Apeal) (2020/29803)

Redec Services (Pty) Ltd and Others v Kansai Plascon (Pty) Ltd ( Application for Leave to Apeal) (2020/29803) [2025] ZAGPJHC 537 (29 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/29803

Judge

H M Viljoen

The High Court dismissed an application for leave to appeal against striking out the defendants’ defence for non-compliance with a court order.

• Leave To Appeal
• Striking Out Defence
• Non Compliance With Court Order
• Discretionary Sanctions
• Condonation Application
• Leave-to-appeal

D.A.D.P v S.D.P (A49/2024; 34/2021)

D.A.D.P v S.D.P (A49/2024; 34/2021) [2025] ZAMPMHC 21 (27 March 2025)

Court

Middelburg High Court, Mpumalanga

Case number

A49/2024; 34/2021

Judges

Malangeni, Langa

Appeal against divorce maintenance and medical-aid orders dismissed. The High Court upheld the trial court’s finding that the respondent’s cystic fibrosis justified ongoing support.

• Spousal Maintenance
• Divorce Act Section 7 2
• Medical Aid Obligation
• Judicial Discretion In Maintenance
• Rehabilitative Maintenance
• Condonation Application

Mining Qualifications Authority v Commission for Conciliation, Mediation and Arbitration and Others (2025/032846)

Mining Qualifications Authority v Commission for Conciliation, Mediation and Arbitration and Others (2025/032846) [2025] ZALCJHB 120 (27 March 2025)

Court

Labour Court Johannesburg

Case number

2025/032846

Judge

Mafa-Chali

The court found that the applicant had established the requirements for an interim interdict. The applicant demonstrated a prima facie right to challenge the CCMA's jurisdiction, as the condonation and rescission rulings were subject to review and the applicant was deprived of an opportunity to be heard. The court accepted that irreparable harm would result if arbitration proceeded before the review was finalised, as a successful review would render the arbitration process and any award nugatory, causing wasted resources and prejudice. The balance of convenience favoured the applicant, as sta…

Source excerpt

• Interim Interdict
• Ccma Jurisdiction
• Condonation Application
• Rescission Application
• Unfair Discrimination
• Sexual Harassment

Naidoo v Khosa NO and Others (JR1346/22)

Naidoo v Khosa NO and Others (JR1346/22) [2025] ZALCJHB 131; (2025) 46 ILJ 1971 (LC) (18 March 2025)

Court

Labour Court Johannesburg

Case number

JR1346/22

Judge

Daniels

The court found that the Mission is not a separate and independent entity but is inextricably linked to DIRCO, which is a national department falling under the jurisdiction of the Bargaining Council. The Administrative Code did not indicate that the applicant's employment was governed by local law, nor did the applicant choose local law as the applicable law. The facts showed that DIRCO controlled the Mission's budget, instructions, and employment decisions. Therefore, the Bargaining Council has jurisdiction to hear the dispute, and the jurisdictional ruling by the commissioner was incorrect.…

Source excerpt

• Jurisdiction Of Bargaining Council
• Foreign Service Employment
• Unfair Dismissal
• Condonation Application
• Administrative Action Review

Momentum Metropolitan Life Limited v Lakhoo (AR188/2023; 30823/2019)

Momentum Metropolitan Life Limited v Lakhoo (AR188/2023; 30823/2019) [2025] ZAKZPHC 12 (7 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR188/2023

Judges

G M Harrison, Keshav

The High Court upheld an appeal, holding that the National Credit Act did not apply to an acknowledgment of debt arising from commission clawbacks.

• Acknowledgment Of Debt
• National Credit Act
• Absolution From Instance
• Commission Clawback
• Condonation Application
• Acknowledgment-of-debt

Malepe and Others v Mega Volt Loden Electrical (Pty) Ltd (JA42/23)

Malepe and Others v Mega Volt Loden Electrical (Pty) Ltd (JA42/23) [2025] ZALAC 6 (4 February 2025)

Court

Labour Appeal Court

Case number

JA42/23

Judges

Molahleli, Musi, Jolwana

The Labour Appeal Court found that the Labour Court failed to exercise its discretion judicially in dismissing the condonation application. The Labour Court did not properly engage with the explanation for the delay, which was largely attributable to procedural confusion and contradictory rulings at the CCMA, nor did it evaluate the appellants' prospects of success or the interests of justice. The delay was not due to inactivity or negligence by the appellants but was compounded by the actions of the CCMA, NBCEI, and legal representatives. The Court held that the interests of justice, includi…

Source excerpt

• Automatic Unfair Dismissal
• Condonation Application
• Section 197 Transfer
• Section 187 Lra
• Delay Explanation
• Prospects Of Success

Rolf v Cupido and Another (714/2024; SH 61/2021)

Rolf v Cupido and Another (714/2024; SH 61/2021) [2025] ZAMPMHC 18 (27 January 2025)

Court

Middelburg High Court, Mpumalanga

Case number

714/2024; SH 61/2021

Judge

MBG Langa

The court found that while the magistrate's refusal to postpone the trial for the applicant to obtain the transcribed record and prepare expert evidence was irregular, it did not amount to bias or justify recusal. The applicant failed to establish reasonable grounds for apprehension of bias, either from the magistrate's conduct in court or his private legal practice. The administrative pressures and the magistrate's statements regarding finalising part-heard matters were not sufficient to demonstrate actual or perceived bias. The court granted condonation for the late filing of the supplement…

Source excerpt

• Recusal Of Judicial Officer
• Judicial Bias
• Postponement Of Trial
• Sexual Offences Act
• Condonation Application

LI Feng Textiles and Others v Bank of Taiwan Incorporated in Republic Of China (t/a as Bank of Taiwan South Africa Branch) and Another (A068332/2024)

LI Feng Textiles and Others v Bank of Taiwan Incorporated in Republic Of China (t/a as Bank of Taiwan South Africa Branch) and Another (A068332/2024) [2024] ZAGPJHC 1301 (24 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A068332/2024

Judges

Mahosi, Twala, Raubenheimer

The High Court held that the appeal was not competent because the order was not final or appealable, and dismissed the appeal with costs.

• Appealability Of Orders
• Condonation Application
• Default Judgment
• Motion Proceedings
• Appealability-of-orders
• Condonation

Mashiane v Safety and Security Sectoral Bargaining Council and Others (JR1623/21)

Mashiane v Safety and Security Sectoral Bargaining Council and Others (JR1623/21) [2024] ZALCJHB 432 (13 November 2024)

Court

Labour Court Johannesburg

Case number

JR1623/21

Judge

M Naidoo

The Labour Court held that the review was deemed withdrawn because the applicant failed to file the complete arbitration record and sought no extension.

• Review Of Arbitration Award
• Filing Of Record
• Practice Manual Repeal
• Labour Court Rules
• Condonation Application
• Labour-review