South Africa Case Law

Kruger v Minister of Safety and Security (525/2014)

Kruger v Minister of Safety and Security (525/2014) [2025] ZANWHC 20 (29 January 2025)

Court

North West High Court, Mafikeng

Case number

525/2014

Judge

M Z Makoti

The court held that while Rule 38(2) allows for evidence to be adduced by affidavit for sufficient reason, this discretion is expressly limited where a party reasonably requires the attendance of a witness for cross-examination and the witness can be produced. The respondent's request to cross-examine the expert witnesses was reasonable and fundamental to the right to a fair trial. The court found that cost-saving considerations cannot override the respondent's entitlement to test the evidence through cross-examination. Accordingly, the application to admit expert evidence by affidavit was di…

Source excerpt

• Rule 38 Evidence By Affidavit
• Cross Examination Right
• Costs Award
• Expert Evidence

Consol Glass v National Bargaining Council for the Chemical Industries and Others (JA5/15)

Consol Glass v National Bargaining Council for the Chemical Industries and Others (JA5/15) [2017] ZALAC 12 (3 February 2017)

Court

Labour Appeal Court

Case number

JA5/15

Judges

Waglay, Tlaletsi, Phatshoane

Labour Appeal Court upheld an unfair-dismissal claim, finding the dispute was really about poor work performance and that the employee was denied a fair hearing.

• Unfair Dismissal
• Condonation
• Arbitration Review
• Cross Examination Right
• Poor Work Performance
• Gross Insolence