South Africa Case Law

Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023)

Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023) [2025] ZALCD 28 (28 July 2025)

Court

Labour Court Durban

Case number

D533/2023

Judge

K Allen-Yaman

The court held that the applicant was discharged from the public service by operation of law under section 17(3)(a)(i) of the Public Service Act, as he absented himself from his official duties as an interpreter without permission for a period exceeding one calendar month, despite direct instructions to return to his substantive post. The applicant failed to provide objective evidence that he reported for duty as required, and his attempts to substitute new relief at the hearing were not supported by his pleadings. The court found that no reviewable administrative decision existed, and the ju…

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• Public Service Act
• Deemed Dismissal
• Jurisdictional Requirements
• Reinstatement
• Review Of Administrative Action

Bonakele v Department of Health (CA17-2024)

Bonakele v Department of Health (CA17-2024) [2025] ZALAC 34 (4 June 2025)

Court

Labour Appeal Court

Case number

CA17/2024

Judges

Savage, Waglay, Musi

The Labour Appeal Court found that the respondent was aware of the appellant's whereabouts and reasons for absence, and had elected to bar her entry to the workplace and pursue disciplinary action rather than invoke deemed dismissal under section 17(3)(a)(i) of the Public Service Act. The respondent's subsequent reliance on deemed dismissal was an afterthought and not supported by the facts. The appellant was effectively suspended from duty from 14 February 2023, and the requirements for deemed dismissal were not met. The Labour Court committed a material misdirection in refusing declaratory…

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• Deemed Dismissal
• Public Service Act
• Absence Without Leave
• Disciplinary Procedure
• Reinstatement
• Compensation

Nkabinde v Public Health and Social Development and Others (JR1866/22)

Nkabinde v Public Health and Social Development and Others (JR1866/22) [2024] ZALCJHB 394; (2025) 46 ILJ 173 (LC) (13 September 2024)

Court

Labour Court Johannesburg

Case number

JR1866/22

Judge

Myburgh

The commissioner failed to conduct the required factual enquiry to determine whether the requirements of section 17(3)(a)(i) of the Public Service Act were met, instead assuming their fulfilment based solely on the Department's reliance on the section in the termination letter. This constituted a gross irregularity and a misconception of the nature of the enquiry. The jurisprudence of the Supreme Court of Appeal in Solidarity confirms that if the requirements of the deemed dismissal provision are not met, a dismissal under the Labour Relations Act occurs, and the bargaining council has jurisd…

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• Deemed Dismissal
• Public Service Act
• Jurisdiction Of Bargaining Council
• Unfair Dismissal
• Condonation
• Review Of Arbitration Award

MEC Department of Education KZN and Another v Cumaio (DA06/23)

MEC Department of Education KZN and Another v Cumaio (DA06/23) [2024] ZALAC 39; [2024] 12 BLLR 1249 (LAC); (2025) 46 ILJ 99 (LAC) (28 August 2024)

Court

Labour Appeal Court

Case number

DA06/23

Judges

Van Niekerk JA, Musi AJA, Jolwana AJA

The Labour Appeal Court held that the Department incorrectly calculated the period of absence as calendar days rather than days the employee was obliged to be at work, as clarified by the Constitutional Court in Mamasedi. The jurisdictional requirements for deemed dismissal under s 14(1)(a) of the Employment of Educators Act were not present, as the Department was aware of the employee's whereabouts and there was no evidence of abscondment. The refusal to reinstate was irrational and unlawful. The Labour Court's limitation of reinstatement to the date of judgment was incorrect; since s 14(1)(…

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• Employment Of Educators Act
• Deemed Dismissal
• Reinstatement
• Legality Review
• Costs Award

Mamasedi v Chief of South African Defence Force and Others (CCT 359/22)

Mamasedi v Chief of South African Defence Force and Others (CCT 359/22) [2024] ZACC 17; 2024 (11) BCLR 1345 (CC); (2024) 45 ILJ 2475 (CC); [2024] 12 BLLR 1207 (CC); 2025 (2) SA 354 (CC) (21 August 2024)

Court

Constitutional Court

Case number

CCT 359/22

Judges

Zondo CJ, Bilchitz AJ, Chalskalson AJ, Madlanga J, Majiedt J, Mathopo J, Mhlantla J, Theron J, Tshiqi J

The Constitutional Court held that the reference to 30 days in section 59(3) of the Defence Act is a reference only to days on which a member of the Regular Force is obliged to be on official duty. Weekends and public holidays are excluded from the calculation if the member is not required to work on those days. The Court found that the applicant's absence did not exceed 30 working days, and therefore section 59(3) was not triggered. The applicant was not lawfully dismissed or discharged and remained a member of the Regular Force throughout. The respondents' conduct in treating the applicant…

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• Defence Act Section 59 3
• Deemed Dismissal
• Statutory Interpretation
• Remuneration Entitlement
• Procedural Fairness

Bonakele v Department Of Health North-West Province and Others (C294/2023)

Bonakele v Department Of Health North-West Province and Others (C294/2023) [2024] ZALCCT 26; (2024) 45 ILJ 2282 (LC) (11 July 2024)

Court

Labour Court Cape Town

Case number

C294/2023

Judge

R Lagrange

The court found that the applicant was absent from performing her official duties for more than a calendar month without authorisation from the head of department. Her presence at the hospital was solely for meetings related to grievances, not for the performance of her duties. She failed to provide any medical certificates or evidence of authorised absence, and did not respond to written instructions to return to work. The factual circumstances did not support her claim that her absence was authorised or justified. The requirements for deemed dismissal under section 17(3)(a)(i) of the Public…

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• Public Service Act
• Deemed Dismissal
• Unauthorised Absence
• Declaratory Relief
• Condonation
• Employee Wellness

Khumalo v MEC: Mpumalanga Department of Education (JR1144/20)

Khumalo v MEC: Mpumalanga Department of Education (JR1144/20) [2024] ZALCJHB 235 (21 February 2024)

Court

Labour Court Johannesburg

Case number

JR1144/20

Judge

N Makopo

The Labour Court dismissed a review of a deemed dismissal under section 14(1)(a) of the Employment of Educators Act, finding no adequate basis for review.

• Employment Of Educators Act
• Deemed Dismissal
• Review Of Administrative Action
• Condonation
• Section 158 Lra
• Employment-of-educators-act

Saldanha Bay Municipality v South African Local Government Bargaining Council and Others (C302/2020)

Saldanha Bay Municipality v South African Local Government Bargaining Council and Others (C302/2020) [2024] ZALCCT 9 (31 January 2024)

Court

Labour Court Cape Town

Case number

C302/2020

Judge

Lagrange

The court found that Mouton had a genuine and objectively justifiable expectation that his twelve-month fixed-term contract would be renewed, given the history of renewals and the nature of his appointment being tied to the mayor's term. The municipality's failure to renew the contract or offer renewal on similar terms, coupled with the lack of a fair reason for termination, constituted a deemed dismissal under section 186(1)(b) of the LRA. The arbitrator's award of reinstatement on a twelve-month contract was appropriate to the expectation, but the relief required variation due to the imposs…

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• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Deemed Dismissal
• Unfair Dismissal
• Condonation
• Variation Of Relief

NEHAWU obo Ngomane v Department of Employment and Labour and Others (JR 2482/19)

NEHAWU obo Ngomane v Department of Employment and Labour and Others (JR 2482/19) [2023] ZALCJHB 174; [2023] 9 BLLR 964 (LC) (8 June 2023)

Court

Labour Court Johannesburg

Case number

JR 2482/19

Judge

Van Niekerk

The court found that the second respondent failed to properly consider all relevant circumstances in refusing reinstatement. The decision focused narrowly on whether the applicant was absent for a calendar month, disregarding mitigating evidence such as the traditional healer's certificate and the applicant's return to work. The respondents did not evaluate less restrictive measures or the proportionality of dismissal, nor did they reflect on alternatives or the applicant's health. The refusal to reinstate was thus irrational and arbitrary, warranting review and setting aside of the decision.

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• Public Service Act
• Deemed Dismissal
• Reinstatement
• Irrationality Review
• Jurisdictional Precondition

Ngema v Minister of Justice and Constitutional Development and Others (D 24/2020)

Ngema v Minister of Justice and Constitutional Development and Others (D 24/2020) [2022] ZALCD 45 (14 September 2022)

Court

Labour Court Durban

Case number

D 24/2020

Judge

Whitcher

The court found that the jurisdictional requirements for deemed dismissal under section 17(3)(a)(i) of the Public Service Act and clause 9 of GPSSBC Resolution 1/2006 were not satisfied. The applicant's absence was explained and his whereabouts were made known to the employer before the expiry of the prescribed period. The employer was able to contact the applicant through his wife and the prison, and the applicant complied with instructions to confirm his incarceration. Therefore, this was not a clear case of desertion, and the deeming provision was improperly invoked. The decision not to re…

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• Public Service Act Section 17
• Deemed Dismissal
• Jurisdictional Requirements
• Good Cause Reinstatement
• Legality Review