South Africa Case Law

Ravat v CCMA and Others (C628/15)

Ravat v CCMA and Others (C628/15) [2017] ZALCCT 23 (30 May 2017)

Court

Labour Court Cape Town

Case number

C628/15

Judge

A Steenkamp

The Labour Court found that the record of the arbitration proceedings was defective and that attempts to reconstruct it were unsuccessful. In accordance with the majority judgment in Baloyi v MEC for Health & Social Development, Limpopo, the Court held that it would be improper to determine the review in the absence of a proper record. The matter was therefore remitted to the CCMA for a fresh arbitration before a different commissioner. The Court further held that neither the employer nor the employee should bear the costs of the application, as the defective record was not attributable to ei…

Source excerpt

• Unfair Dismissal
• Unfair Labour Practice
• Review Of Arbitration Award
• Defective Record
• Remittal For Fresh Arbitration

NEHAWU obo Peach v Department of Agriculture: Free State and Others (JR761/14)

NEHAWU obo Peach v Department of Agriculture: Free State and Others (JR761/14) [2017] ZALCJHB 77 (8 March 2017)

Court

Labour Court Johannesburg

Case number

JR 761/14

Judge

Steenkamp

The Labour Court dismissed a late application for condonation and leave to appeal, finding the delay poorly explained and no reasonable prospects of success.

• Condonation
• Leave To Appeal
• Review Of Arbitration Award
• Defective Record
• Costs Order
• Leave-to-appeal

Cargo Motors (Pty) Ltd v Hyser NO and Others (JR1017/09)

Cargo Motors (Pty) Ltd v Hyser NO and Others (JR1017/09) [2011] ZALCJHB 267 (25 November 2011)

Court

Labour Court Johannesburg

Case number

JR1017/09

Judge

Molahlehi

The Labour Court found that the record of the arbitration proceedings before the bargaining council was defective and incomplete, making it impossible for the court to properly adjudicate the review application. In line with established precedent, the court held that the appropriate remedy in such circumstances is to remit the matter to the bargaining council for a hearing de novo. The court was satisfied that the applicant had established grounds for review and that the interests of justice required that the dispute be reconsidered afresh by the bargaining council.

Source excerpt

• Review Of Arbitration Award
• Remittal Of Matter
• Defective Record
• Jurisdiction Of Bargaining Council

S v Mokgokane and Others (775/08)

S v Mokgokane and Others (775/08) [2009] ZAFSHC 40 (26 March 2009)

Court

Free State High Court, Bloemfontein

Case number

775/08

Judges

Van der Merwe, R, Jordaan, R

On automatic review, the Free State High Court set aside convictions and sentences because the criminal record was materially defective and could not be reconstructed.

• Automatic Review
• Defective Record
• Criminal Procedure Act Section 302
• Setting Aside Conviction
• Automatic-review
• Defective-record

S v Shabangu (290/2001)

S v Shabangu (290/2001) [2007] ZANWHC 74 (14 November 2007)

Court

North West High Court, Mafikeng

Case number

HR 290/2001

Judge

MTR Mogoeng

The High Court set aside Shabangu’s rape conviction because the trial record was missing and could not be reconstructed, leaving the court unable to assess fairness.

• Rape
• Automatic Review
• Defective Record
• Remittal For Retrial
• Criminal-review
• Missing-record

S v van Wyk (8/2007)

S v van Wyk (8/2007) [2007] ZAFSHC 22 (8 March 2007)

Court

Free State High Court, Bloemfontein

Case number

8/2007

Judges

Hattingh, R, van der Merwe, R

The High Court set aside Petrus van Wyk’s conviction because the magistrates’ court record was materially incomplete and could not be reconstructed.

• Defective Record
• Automatic Review
• Setting Aside Conviction
• Defective-record
• Criminal-review
• Setting-aside-conviction

S v Mcophele (307/06)

S v Mcophele (307/06) [2006] ZAECHC 44; 2007 (1) SACR 34 (E) (8 September 2006)

Court

High Courts - Eastern Cape

Case number

307/06

Judges

Leach, Froneman

The High Court found that the magistrate's attempt to reconstruct the record amounted only to a summary and evaluation of the evidence, not a true record of the proceedings. Without the actual record, the reviewing court cannot determine whether the proceedings were in accordance with justice. The use of police docket statements for reconstruction may be permissible, but in this case, no proper reconstruction occurred. The absence of a record is fatal, and the conviction and sentence must be set aside. The court also expressed grave concern over administrative failures that led to the delay i…

Source excerpt

• Automatic Review
• Defective Record
• Reconstruction Of Proceedings
• Conviction And Sentence
• Criminal Procedure Act

S v Mofokeng and Another, S v Qhekoane (253/2006, 254/2006)

S v Mofokeng and Another, S v Qhekoane (253/2006, 254/2006) [2006] ZAFSHC 113 (16 March 2006)

Court

Free State High Court, Bloemfontein

Case number

253/2006, 254/2006

Judges

C. Van Zyl, G.A. Hattingh

The High Court set aside two robbery convictions and sentences on automatic review because the magistrate's court records were incomplete and could not be reconstructed.

• Defective Record
• Automatic Review
• Setting Aside Conviction
• Criminal Procedure Act
• Prejudice To Accused
• Criminal-review

S v Vilakazi (126/2006)

S v Vilakazi (126/2006) [2006] ZAFSHC 146 (6 March 2006)

Court

Free State High Court, Bloemfontein

Case number

126/2006

Judges

Kruger R, C.J. Musi R

The High Court set aside criminal proceedings because the record was defective, the tapes were lost, and the trial record could not be reconstructed.

• Review Of Criminal Proceedings
• Defective Record
• Setting Aside Proceedings
• Criminal-procedure
• Judicial-review
• Defective-record

S v Chabedi (497/04)

S v Chabedi (497/04) [2005] ZASCA 5; 2005 (1) SACR 415 (SCA) (3 March 2005)

Court

Supreme Court of Appeal

Case number

497/04

Judges

Brand, Nugent, Cloete

The Supreme Court of Appeal upheld a shoplifting conviction despite record defects, but reduced an excessive fine from R600 to R300, suspended for three years.

• Defective Record
• Shoplifting
• Credibility Assessment
• Sentence Appropriateness
• Criminal-law
• Appellate-review