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Labour Law [2025] ZALCJHB 200

Kolobi v Sibanye Gold Eastern Operations (Ltd) (JS 560/23)

Kolobi v Sibanye Gold Eastern Operations (Ltd) (JS 560/23) [2025] ZALCJHB 200 (27 May 2025)

The Court found that the Respondent's refusal to employ the Applicant was not irrational or unfairly discriminatory. The Respondent's conduct was justified by its legal obligation to comply with the Immigration Act, which requires a Corporate Visa to employ foreign nationals. The Applicant failed to prove that the Respondent possessed or was required to apply for such a visa, and her reliance on section 19 of the Immigration Act was misplaced, as that provision had been repealed. The Respondent's recruitment policy was consistent with statutory requirements, and the Applicant did not meet the…

  • Employment Equity Act
  • Unfair Discrimination
  • Corporate Visa Requirements
  • Immigration Act Compliance
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.