RP Africa Fleet Services (Pty) Ltd v Minister of Home Affairs and Others (A146/20;67517/19) [2022] ZAGPPHC 430 (15 June 2022)
Court
North Gauteng High Court, Pretoria
Case number
A146/20;67517/19
Judges
H Kooverjie, M Kubushi, AC Basson
The High Court dismissed an appeal over a mandatory interdict, holding that a directive on foreign truck drivers applied only where they were employed by South African employers.
Minister of Defence and Military Veterans v Thomas (CCT168/14) [2015] ZACC 26; 2016 (1) SA 103 (CC); (2015) 36 ILJ 2751 (CC); 2015 (10) BCLR 1172 (CC) (25 August 2015)
The Constitutional Court held that, for purposes of the Compensation for Occupational Injuries and Diseases Act, the employer is the appointing authority within the relevant sphere of government, not the State as a single entity. The Act's definition of 'employer' and related provisions, including sections 39(2) and 84(1), indicate that the heads of departments in national and provincial government are individually liable as employers. The Court found that the Minister's interpretation, which would treat the State as a single employer and preclude Dr Thomas's claim for workplace damages, is n…
Member of the Executive Council for Transport: Kwazulu-Natal and Others v Jele (DA6/03) [2004] ZALAC 13; [2004] 12 BLLR 1238 (LAC); (2004) 25 ILJ 2179 (LAC) (9 July 2004)
Court
Labour Appeal Court
Case number
DA6/03
Judges
Zondo JP, Willis JA, Davis AJA
The Labour Appeal Court held that the respondent's employer, for purposes of item 2(1)(b) of Schedule 7 to the Labour Relations Act, was the State. The Court found that the respondent, employed in a provincial government department, remained an employee of the State regardless of departmental transfer or promotion. The statutory and constitutional framework, including the Labour Relations Act, Public Service Act, and Public Service Labour Relations Act, consistently define the State as the employer of public service employees. The Court rejected the appellants' argument that provincial depart…
