South Africa Case Law

Ndhlovu v Minister of Justice and Correctional Services and Others (038179/2022)

Ndhlovu v Minister of Justice and Correctional Services and Others (038179/2022) [2024] ZAGPJHC 24 (17 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

038179/2022

Judge

MIA

The court dismissed a prisoner's review application after finding he had not exhausted internal remedies and had not placed a proper evidentiary record before court.

• Promotion Of Administrative Justice Act
• Internal Remedies Exhaustion
• Procedural Fairness
• Disciplinary Enquiry
• Correctional Services Act
• Internal-remedies

Simelane v Independent Electoral Commission and Others (J863/23)

Simelane v Independent Electoral Commission and Others (J863/23) [2023] ZALCJHB 200 (3 July 2023)

Court

Labour Court Johannesburg

Case number

J863/23

Judge

Nkutha-Nkontwana

The Labour Court struck an urgent bid to stop a disciplinary enquiry, holding the applicant failed to prove urgency and had other remedies under the LRA.

• Urgency In Motion Proceedings
• Declaratory Relief
• Res Judicata
• Unreasonable Delay In Disciplinary Action
• Disciplinary Enquiry
• Alternative Remedies Under Lra

Association of Mineworkers and Construction Union and Others v Coega Steels SA (Pty) Ltd (PS 46/2021)

Association of Mineworkers and Construction Union and Others v Coega Steels SA (Pty) Ltd (PS 46/2021) [2023] ZALCPE 9 (26 May 2023)

Court

Labour Court Port Elizabeth

Case number

PS 46/2021

Judge

Lagrange

The Labour Court granted condonation for a late statement of case despite a weak delay explanation, because the individual workers were not at fault and faced prejudice.

• Condonation
• Late Referral
• Unfair Dismissal
• Unprotected Strike
• Disciplinary Enquiry
• Late-referral

Senekal v Legal Practice Council and Others (3858/2021)

Senekal v Legal Practice Council and Others (3858/2021) [2023] ZAFSHC 103; [2023] 2 All SA 834 (FB) (31 March 2023)

Court

Free State High Court, Bloemfontein

Case number

3858/2021

Judges

Van Zyl, Mhlambi

The court found that the LPC's decision to proceed with the disciplinary enquiry before only one member was unlawful and contrary to Rule 50, which requires two or more members. The applicant had a legitimate expectation, based on prior agreement and practice, that the Pan-matter would be heard by two chairpersons. The LPC's unilateral decision to allow virtual hearings, without authority or consultation, was also unlawful, as only the chairperson had the power to determine the manner of the enquiry. The chairperson's refusal to recuse himself, despite sharing an office and computer with the…

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• Disciplinary Enquiry
• Review Of Administrative Action
• Recusal Of Presiding Officer
• Virtual Hearings
• Costs Attorney And Client

Motloung v Universal Service And Access Of South Africa and Others (J245/2023)

Motloung v Universal Service And Access Of South Africa and Others (J245/2023) [2023] ZALCJHB 35 (8 March 2023)

Court

Labour Court Johannesburg

Case number

J245/2023

Judge

Tlhotlhalemaje

The Labour Court struck an urgent application off the roll for lack of urgency, holding that the alleged protected-disclosure dispute and interim relief were pursued too late.

• Protected Disclosure
• Occupational Detriment
• Urgent Interdict
• Disciplinary Enquiry
• Unfair Labour Practice
• Labour-law

Samuels v South African Legal Practice Council (formerly Law Society of the Northern Provinces) (1112/2021)

Samuels v South African Legal Practice Council (formerly Law Society of the Northern Provinces) (1112/2021) [2022] ZASCA 175 (7 December 2022)

Court

Supreme Court of Appeal

Case number

1112/2021

Judges

Petse DP, Mothle JA, Daffue AJA, Windell AJA, Siwendu AJA

The Supreme Court of Appeal found that the High Court committed a serious procedural irregularity by failing to afford the appellant a fair hearing. Despite the appellant's dilatory conduct, the High Court did not provide the promised opportunity for oral argument via virtual platforms and proceeded to decide the matter on the papers without hearing either party. This violated the appellant's right to a fair public hearing under section 34 of the Constitution. The Court held that the denial of a fair hearing vitiated the proceedings, and the matter must be referred back to the High Court for…

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• Striking Off Attorneys
• Fair Hearing Right
• Postponement Of Proceedings
• Disciplinary Enquiry
• Misappropriation Of Trust Funds
• Professional Misconduct

Kekanan v Nedzamba N.O. and Others (C 410/2020)

Kekanan v Nedzamba N.O. and Others (C 410/2020) [2022] ZALCCT 57 (10 October 2022)

Court

Labour Court Cape Town

Case number

C 410/2020

Judge

Lagrange

The Labour Court set aside an arbitration award, finding the dismissal procedurally unfair after the chairperson proceeded in absentia despite illness.

• Procedural Fairness
• Disciplinary Enquiry
• Compensation For Unfair Dismissal
• Condonation Of Late Filing
• Procedural-fairness
• Disciplinary-hearing

SACTWU obo Members v KZN Marketing (PTY) Limited and Another (D292/2022)

SACTWU obo Members v KZN Marketing (PTY) Limited and Another (D292/2022) [2022] ZALCD 31; [2023] 1 BLLR 83 (LC); (2023) 44 ILJ 828 (LC) (1 August 2022)

Court

Labour Court Durban

Case number

D292/2022

Judge

Nkutha-Nkontwana

The Labour Court held that SACTWU’s strike was protected despite no picketing rules, and set aside a disciplinary ruling that treated it as unlawful.

• Protected Strike
• Picketing Rules
• Declaratory Relief
• Disciplinary Enquiry
• Jurisdiction Of Labour Court
• Protected-strike

Bauer-Frank v Commission for Conciliation, Mediation and Arbitration and Others (JR 353/20)

Bauer-Frank v Commission for Conciliation, Mediation and Arbitration and Others (JR 353/20) [2022] ZALCJHB 35 (3 March 2022)

Court

Labour Court Johannesburg

Case number

JR 353/20

Judge

Tlhotlhalemaje

The Labour Court found that the Commissioner correctly exercised discretion in refusing condonation for the applicant's late referral of her constructive dismissal dispute. The applicant failed to provide a reasonable and acceptable explanation for the excessive six-month delay, with her medical condition and incorrect referral to the Equality Court not accounting for the relevant periods. The Commissioner properly determined that the applicant did not demonstrate prospects of success, as her resignation occurred in response to disciplinary proceedings rather than intolerable working conditio…

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• Condonation
• Constructive Dismissal
• Late Referral
• Disciplinary Enquiry
• Prospects Of Success

Ekurhuleni Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR1025/15)

Ekurhuleni Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR1025/15) [2021] ZALCJHB 454 (14 December 2021)

Court

Labour Court Johannesburg

Case number

JR 1025/15

Judge

Phajane

The court found that the Commissioner correctly calculated the period of delay and properly considered the applicant's explanation for the late service of the charge sheet. The applicant's reliance on the need for a formal ruling was disingenuous, as it had already accepted and acted upon the handwritten ruling. The alleged error regarding the SAPS investigation was immaterial and did not affect the outcome. The Commissioner considered the relevant factors, including prejudice to both parties and the interests of justice, and concluded that condonation should not be granted. The decision was…

Source excerpt

• Condonation
• Disciplinary Enquiry
• Collective Agreement
• Review Test
• Prospects Of Success