South Africa Case Law

Mayana v Executive Mayor: Nelson Mandela and Others (1655/2022)

Mayana v Executive Mayor: Nelson Mandela and Others (1655/2022) [2022] ZAECQBHC 19 (5 August 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

1655/2022

Judge

Pakati

The court found that the applicant was a contract employee whose appointment was political and governed strictly by the terms of the Memorandum of Agreement. The applicant was not entitled to the disciplinary procedures or benefits applicable to permanent municipal employees, nor was the Collective Agreement applicable to his position. Although the respondents initially failed to comply with the contractual notice period for termination, they rectified this by compensating the applicant for two weeks in lieu of notice before the application was instituted. The court held that the applicant ha…

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• Unlawful Termination
• Contractual Notice Period
• Municipal Employment
• Collective Agreement Applicability
• Urgent Interdict
• Authority To Act

Frank v Commission for Conciliation, Mediation and Arbitration and Others (JR628/13)

Frank v Commission for Conciliation, Mediation and Arbitration and Others (JR628/13) [2017] ZALCJHB 9 (17 January 2017)

Court

Labour Court Johannesburg

Case number

JR628/13

Judge

Baloyi

Labour Court review dismissed: the applicant did not become permanently appointed, his dismissal was not unfair, and the award was reasonable.

• Unfair Dismissal
• Probation Extension
• Jurisdiction Of Ccma
• Procedural Fairness
• Contractual Notice Period
• Unfair-dismissal

Kobrin v Periscopic Masingita (Pty) Ltd and Others (JS990/15)

Kobrin v Periscopic Masingita (Pty) Ltd and Others (JS990/15) [2016] ZALCJHB 543 (21 October 2016)

Court

Labour Court Johannesburg

Case number

JS990/15

Judge

Van Niekerk

The court held that the employment contract required a calendar month's notice, meaning notice must run from the first to the last day of a month. The respondents did not lawfully summarily terminate the applicant's employment, as the termination was no-fault and not based on any breach or repudiation by the applicant. The respondents' reliance on operational requirements or retrenchment as grounds for summary dismissal was rejected, as such circumstances do not justify summary termination under the contract or common law. The applicant was therefore entitled to payment for the full calendar…

Source excerpt

• Payment In Lieu Of Notice
• Summary Dismissal
• Contractual Notice Period
• Retrenchment
• Damages For Breach
• Costs Award

Solomon v Graham and Others (22460/2014)

Solomon v Graham and Others (22460/2014) [2015] ZAGPJHC 44 (4 March 2015)

Court

South Gauteng High Court, Johannesburg

Case number

22460/2014

Judge

FHD Van Oosten

High Court sale-of-shares dispute over unpaid purchase price. The court rejected a premature-claim defence and held that late counterclaims did not justify delaying payment.

• Sale Of Shares
• Specific Performance
• Acknowledgement Of Debt
• Lex Commissoria
• Contractual Notice Period
• Sale-of-shares

Standard Bank of South Africa Limited v Rockhill and Another (09/56251)

Standard Bank of South Africa Limited v Rockhill and Another (09/56251) [2010] ZAGPJHC 10; 2010 (5) SA 252 (GSJ) (11 March 2010)

Court

South Gauteng High Court, Johannesburg

Case number

09/56251

Judge

Epstein AJ

The court held that while the National Credit Act sets minimum standards for consumer protection, parties may contractually agree to additional protection, such as a longer deemed receipt period for notices. The mortgage bond and loan terms provided that notices sent by registered mail are deemed received 14 days after posting. Therefore, the statutory 10 business days required by section 130(1)(a) only commence after the 14-day period. The plaintiff commenced proceedings prematurely, as the required period had not elapsed. However, non-compliance with section 129 does not constitute a bona f…

Source excerpt

• National Credit Act
• Summary Judgment
• Contractual Notice Period
• Mortgage Bond Enforcement
• Consumer Protection