South Africa Case Law

Chibane and Another v Premier of Province of Kwazulu-Natal (DA15/2024)

Chibane and Another v Premier of Province of Kwazulu-Natal (DA15/2024) [2025] ZALAC 44 (15 July 2025)

Court

Labour Appeal Court

Case number

DA15/2024

Judges

Van Niekerk, Tokota, Basson

The Labour Appeal Court held that the Labour Court does not have general jurisdiction to intervene in incomplete disciplinary proceedings or to grant declaratory relief regarding delay and waiver unless specifically conferred by statute. The pleadings did not invoke any statutory provision or contractual basis for the claims advanced, and no permissible ground for review was articulated. The Labour Court was correct to refuse to entertain the review application in medias res, as there is a general rule against reviewing interlocutory rulings mid-process absent exceptional circumstances. The a…

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• Labour Court Jurisdiction
• Disciplinary Proceedings
• Unreasonable Delay
• Waiver Of Rights
• Review Of Interlocutory Ruling

South African Legal Practice Council v Beukman (17538/24)

South African Legal Practice Council v Beukman (17538/24) [2025] ZAWCHC 284 (11 July 2025)

Court

Western Cape High Court, Cape Town

Case number

17538/24

Judges

Slingers, Mayosi

The High Court struck a legal practitioner from the roll for misappropriating trust funds, concealing a refund, breaching a settlement, and failing to repay the client.

• Legal Practitioner Misconduct
• Misappropriation Of Trust Funds
• Fit And Proper Person
• Disciplinary Proceedings
• Code Of Conduct
• Settlement Agreement Breach

Ramogale v National Education, Health and Allied Workers Union (NEHAWU) and Others (2025/087858)

Ramogale v National Education, Health and Allied Workers Union (NEHAWU) and Others (2025/087858) [2025] ZALCJHB 231 (19 June 2025)

Court

Labour Court Johannesburg

Case number

2025/087858

Judge

RN Daniels

The court found that the PEC was empowered by the union constitution to discipline regional office bearers, including the applicant, and that precautionary suspension is expressly provided for and does not, by itself, prevent participation in the Provincial Congress or standing for election. The applicant's interpretation of the constitution was contrived and inconsistent with the text, context, and purpose. The disciplinary charges were broader than the alleged absence of a social media policy, and relevant union policies existed. The application was found to be without merit, an abuse of pr…

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• Trade Union Constitution Interpretation
• Precautionary Suspension
• Disciplinary Proceedings
• Urgent Interdict
• Abuse Of Process

Choko-Choko and Others v Tharisa Minerals (Pty) Ltd (2025/072040)

Choko-Choko and Others v Tharisa Minerals (Pty) Ltd (2025/072040) [2025] ZALCJHB 233 (19 June 2025)

Court

Labour Court Johannesburg

Case number

2025/072040

Judge

Prinsloo

The Labour Court's jurisdiction to intervene in incomplete disciplinary proceedings is strictly limited to exceptional circumstances, which the applicant failed to establish. The application was moot as the disciplinary hearing had already taken place, and no reasonable apprehension of future harm was demonstrated. The applicant did not satisfy the requirements for an interim interdict, particularly the existence of a prima facie right and irreparable harm. The applicant had alternative remedies available, such as internal appeal and unfair dismissal proceedings. The application was meritless…

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• Interim Interdict
• Jurisdiction Of Labour Court
• Exceptional Circumstances
• Unprotected Strike
• Disciplinary Proceedings
• Costs De Bonis Propriis

Special Investigating Unit v Dlamini and Others (GP26/2024)

Special Investigating Unit v Dlamini and Others (GP26/2024) [2025] ZAST 9 (10 June 2025)

Court

Special Tribunal

Case number

GP26/2024

Judge

M Victor

The Special Tribunal granted an interim interdict preserving a respondent’s pension benefits pending SIU recovery proceedings over a fraudulent grant payment.

• Pension Funds Act Section 37d
• Interim Interdict
• Gross Misconduct
• Public Interest Recovery
• Joinder And Substitution
• Disciplinary Proceedings

Appolus and Others v Naledi Local Municipality and Others (UM199/2023)

Appolus and Others v Naledi Local Municipality and Others (UM199/2023) [2025] ZANWHC 97 (6 June 2025)

Court

North West High Court, Mafikeng

Case number

UM199/2023

Judge

J.T. Djaje

The court found that the respondents had complied with the requirements for prosecuting the section 18(4) appeal by filing the notice of appeal and corresponding with the Judge President's office, and that the appeal was pending. As a result, the execution of the judgments in question was suspended in terms of section 18(1) of the Superior Courts Act, and the relief sought by the applicants could not be granted. Regarding the protected disclosure claim, the court held that the first applicant failed to establish a causal link between his disclosure and the disciplinary proceedings, which were…

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• Contempt Of Court
• Municipal Manager Appointment
• Protected Disclosure Act
• Disciplinary Proceedings
• Section 18 Superior Courts Act

Makgata v Fetakgomo Tubatse Local Municipality and Others (686/2025)

Makgata v Fetakgomo Tubatse Local Municipality and Others (686/2025) [2025] ZALMPPHC 108 (3 June 2025)

Court

Limpopo High Court, Polokwane

Case number

686/2025

Judge

M Z Makoti

The court found that the High Court has jurisdiction to adjudicate legality matters arising from employment relations, including the lawfulness of the applicant's suspension and disciplinary proceedings. The Municipality failed to commence the disciplinary hearing within three months as required by regulation 6(6)(a), since the charges were not read out to the applicant within the prescribed period. The Municipality's procedural errors, including improper venue and insufficient notice, were its own fault and did not justify blaming the applicant. The suspension therefore lapsed automatically…

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• Precautionary Suspension
• Disciplinary Proceedings
• Local Government Regulations
• Interim Interdict
• Jurisdiction Of High Court

Ramela v Cooper N.O and Others (2025/055130)

Ramela v Cooper N.O and Others (2025/055130) [2025] ZAWCHC 193 (5 May 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/055130

Judge

Lekhuleni

Urgent PDA application dismissed: the court held the alleged disclosures were already known, not made in good faith, and did not justify interdicting discipline.

• Protected Disclosure
• Occupational Detriment
• Urgency In Applications
• Disciplinary Proceedings
• Good Faith Requirement
• Protected-disclosures-act

Maketha v Industrial Development Corporation and Another (0597/2020)

Maketha v Industrial Development Corporation and Another (0597/2020) [2025] ZAGPJHC 425 (2 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

0597/2020

Judge

YF Saloojee

The High Court dismissed a former employee’s defamation, dignity, malicious proceedings, malicious prosecution, and loss-of-income claims arising from disciplinary charges.

• Defamation
• Malicious Prosecution
• Damage To Reputation
• Loss Of Income
• Qualified Privilege
• Disciplinary Proceedings

Williams v Legal Practice Council, Gauteng and Anothers (2023/084448; 2023/097051; 2023/097091)

Williams v Legal Practice Council, Gauteng and Anothers (2023/084448; 2023/097051; 2023/097091) [2025] ZAGPJHC 449 (30 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/084448; 2023/097051; 2023/097091

Judge

DE OLIVEIRA

The court found that the applicant's affidavits in all three cases were not properly commissioned, failing to comply with Regulation 4, and that there was no substantial compliance to warrant condonation. In the first case, even if the procedural defect were overlooked, the applicant's substantive complaints had already resulted in a disciplinary hearing recommendation against Adv. Wass, rendering the review application unnecessary. In the second and third cases, the delay in instituting review proceedings was inordinate and unexplained, and no satisfactory explanation was provided to justify…

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• Legal Practice Act Review
• Disciplinary Proceedings
• Delay In Review
• Commissioning Of Affidavits
• Prima Facie Evidence
• Costs In Review