South Africa Case Law

Maphosa v Trinity Maintenance Group (Pty) Ltd (JR609/23)

Maphosa v Trinity Maintenance Group (Pty) Ltd (JR609/23) [2024] ZALCJHB 250 (22 February 2024)

Court

Labour Court Johannesburg

Case number

JR609/23

Judge

Mafa-Chali

The court found that the commissioner failed to properly evaluate and assess the evidence presented during arbitration, particularly regarding the authenticity and admissibility of photographic evidence and the credibility of witness statements. The commissioner overlooked material evidence, failed to apply the correct legal principles on the law of evidence, and did not provide a fair assessment of conflicting versions. These failures constituted gross irregularity and resulted in an unreasonable outcome. The arbitration award was therefore reviewable and had to be set aside. The dispute was…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Credibility Of Evidence
• Admissibility Of Photographs

Kordom v Road Accident Fund (2016/38213)

Kordom v Road Accident Fund (2016/38213) [2017] ZAGPJHC 292 (9 October 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/38213

Judge

Fisher

The High Court dismissed a Road Accident Fund claim after finding the plaintiff’s account of the collision inconsistent, uncorroborated and not credible.

• Road Accident Fund Claim
• Onus Of Proof
• Single Witness Rule
• Credibility Of Evidence
• Road-accident-fund
• Onus-of-proof

Ndawo v Tanker Services and Others (D638/10)

Ndawo v Tanker Services and Others (D638/10) [2016] ZALCD 26 (2 December 2016)

Court

Labour Court Durban

Case number

D638/10

Judge

D H Gush

Labour Court review of an arbitration award dismissed. The court granted condonation for late filing but found no reviewable irregularity and no basis to remit the dispute.

• Review Of Arbitration Award
• Condonation For Late Filing
• Record Reconstruction
• Gross Irregularity
• Credibility Of Evidence
• Labour-law

Mavhungu and Others v SSSBC and Others (JR 237/08)

Mavhungu and Others v SSSBC and Others (JR 237/08) [2010] ZALC 273 (1 May 2010)

Court

Labour Court

Case number

JR 237/08

Judge

G N Moshoana

The court found that the applicants' grounds for leave to appeal were based on a misunderstanding of the distinction between review and appeal. The review court's role is not to determine the correctness of the arbitrator's decision but whether it falls within the bounds of reasonableness. The arbitrator's findings were supported by the evidence presented, and the applicants failed to specify which unchallenged evidence should have been accepted. The issue of the breaking of the window was irrelevant to the findings of guilt, and the arbitrator did not make a finding on the lawfulness of the…

Source excerpt

• Review Of Arbitration Award
• Leave To Appeal
• Reasonableness Test
• Credibility Of Evidence

S v Nomo (CA&R /200)

S v Nomo (CA&R /200) [2006] ZANCHC 42 (18 August 2006)

Court

Northern Cape High Court, Kimberley

Case number

CA&R /200

Judges

C C Williams, Van Zyl

The Northern Cape High Court dismissed Albert Nomo’s appeal against convictions and sentences for theft-related offences, finding the evidence and sentences justified.

• Theft
• Attempted Theft
• Unlawful Possession Of Firearm
• Sentencing Discretion
• Credibility Of Evidence
• Criminal-law

Road Accident Fund v Daly (LA50/04 ex 1857/2001)

Road Accident Fund v Daly (LA50/04 ex 1857/2001) [2004] ZAFSHC 88 (30 September 2004)

Court

Free State High Court, Bloemfontein

Case number

LA50/04

Judge

Rampai

The High Court refused leave to appeal, finding no reasonable prospect that another court would reach a different result on the evidence and negligence findings.

• Leave To Appeal
• Reasonable Prospect Of Success
• Credibility Of Evidence
• Apportionment Of Negligence
• Leave-to-appeal
• Reasonable-prospect-of-success

Waverley Blankets v Commission for Conciliation Mediation and Arbitration and Others (P70/2000)

Waverley Blankets v Commission for Conciliation Mediation and Arbitration and Others (P70/2000) [2000] ZALC 79 (12 August 2000)

Court

Labour Court

Case number

P70/2000

Judge

E Revelas

The Labour Court reviewed and set aside a CCMA award after finding the arbitrator’s six-month delay, credibility errors, and reasoning caused a gross irregularity.

• Review Of Arbitration Award
• Gross Irregularity
• Unfair Dismissal
• Delay In Award
• Credibility Of Evidence
• Labour-law

S v Mhlungu (434/94)

S v Mhlungu (434/94) [1995] ZASCA 48 (12 May 1995)

Court

Supreme Court of Appeal

Case number

434/94

Judges

E M Grosskopf, Van Den Heever, Howie

The appellate court dismissed Hilton Mhlungu’s appeal against fraud conviction and sentence, finding his explanation for the cheque deposit false and implausible.

• Fraud
• Appeal Against Conviction
• Sentence Review
• Credibility Of Evidence
• Criminal-appeal
• Sentence-review

S v Gqabi (49/1991)

S v Gqabi (49/1991) [1992] ZASCA 137 (11 September 1992)

Court

Supreme Court of Appeal

Case number

49/1991

Judges

H J O van Heerden, P M Nienaber, A P van Coller

The appeal turned on whether the appellant’s written statement linked him to a housebreaking and killing. The court held it did and dismissed the appeal.

• Admissibility Of Confession
• Housebreaking And Robbery
• Manslaughter
• Credibility Of Evidence
• Criminal-law
• Confession-evidence