South Africa Case Law

SAMWU obo 157 Members v Piotrans (Pty) Ltd and Others (JR1161/21)

SAMWU obo 157 Members v Piotrans (Pty) Ltd and Others (JR1161/21) [2025] ZALCJHB 33 (28 January 2025)

Court

Labour Court Johannesburg

Case number

JR1161/21

Judge

M S Mphahlele

The court found that SAMWU failed to provide sufficient proof of authority to act on behalf of all 157 dismissed employees, particularly those who are deceased. Without substitution of deceased employees by their executors, SAMWU lacks locus standi to represent them. The review application cannot proceed as constituted. The court exercised its discretion to postpone the matter sine die to prevent injustice to the deceased estates, as executors must be given an opportunity to decide whether to pursue the claims. The applicants are ordered to pay the costs occasioned by the postponement and to…

Source excerpt

• Locus Standi
• Substitution Of Parties
• Unfair Dismissal
• Review Of Arbitration Award
• Authority Of Union
• Costs Postponement

Cibi and Others v Public Service Commission and Others (3703/2019)

Cibi and Others v Public Service Commission and Others (3703/2019) [2022] ZAECMKHC 44 (28 July 2022)

Court

Eastern Cape High Court, Makhanda

Case number

3703/2019

Judge

Bands

The court found that the error in the attestation clause of the affidavit, referring to the deponent as 'he' instead of 'she', was a clerical oversight and did not invalidate the affidavit. The deponent was an attorney of the court, and there was no evidence that the affidavit was not properly commissioned. The court applied the principle that substantial compliance with the Regulations suffices and exercised its discretion to admit the affidavit. Regarding costs, the court held that the applicants had been dilatory in pursuing the matter, failing to secure legal representation for nearly a y…

Source excerpt

• Affidavit Validity
• Costs Postponement
• Attorney And Client Scale

G[....] and Another v Road Accident Fund (30751/2015)

G[....] and Another v Road Accident Fund (30751/2015) [2020] ZAGPPHC 593 (16 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

30751/2015

Judge

MNGQIBISA-THUSI

The High Court postponed the RAF matter sine die and ordered costs in the cause, finding no basis for a punitive costs order over the postponement.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Costs Postponement
• General Damages
• Expert Evidence
• Road-accident-fund