South Africa Case Law

Mzobe v Kwazulu-Natal Economic Regulatory Authority and Another (D103/2025)

Mzobe v Kwazulu-Natal Economic Regulatory Authority and Another (D103/2025) [2025] ZALCD 17 (31 March 2025)

Court

Labour Court Durban

Case number

D103/2025

Judge

Allen-Yaman

The court found that the applicant's cause of action was contractual, based on an alleged breach of clause 6.8 of the Disciplinary Code incorporated into his employment contract. The Labour Court has jurisdiction to adjudicate contractual employment disputes under s77(3) of the BCEA. However, the applicant failed to plead and prove that the time limits in clause 6.8 were breached, as he did not establish when 'the matter' came to the attention of 'the entity' or that the accounting officer was the relevant entity for the purposes of the clause. Even if breach had been established, the relief…

Source excerpt

• Disciplinary Code Breach
• Contractual Employment Terms
• Jurisdiction Of Labour Court
• Specific Performance
• Interdict
• Costs Award

Maema and Others v Minister of International Relations and Cooperation and Others (831/2020; 15509/20; 15507/20)

Maema and Others v Minister of International Relations and Cooperation and Others (831/2020; 15509/20; 15507/20) [2022] ZAGPPHC 736 (28 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

831/2020; 15509/20; 15507/20

Judge

Lazarus

The High Court held that the extension and revocation of embassy employees’ terms of duty were contractual labour matters, not administrative action under PAJA.

• Administrative Action
• Functus Officio
• Contractual Employment Terms
• Review Of Administrative Decisions
• Administrative-action
• Functus-officio