South Africa Case Law

Mokoditoa and Others v Council for Medical Schemes and Others (23910/2022)

Mokoditoa and Others v Council for Medical Schemes and Others (23910/2022) [2025] ZAEQC 3 (10 February 2025)

Court

Equality Court

Case number

23910/2022

Judge

C Collis

The Equality Court issued directions to regularise defective EqualitY Court papers, requiring the original Form 2 and founding affidavit to be restored and served properly.

• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Procedural Regularisation
• Service Of Process
• Amendment Of Pleadings
• Access To Court
• Equality-court

Styen v Business Connexion Group Limited (J1500/20)

Styen v Business Connexion Group Limited (J1500/20) [2025] ZALCJHB 37; [2025] 5 BLLR 534 (LC) (7 February 2025)

Court

Labour Court Johannesburg

Case number

J1500/20

Judge

M Makhura

The Court found that the transfer of UCS to BCX under section 197 of the LRA resulted in all terms and conditions of employment, including the agreed retirement age of 60 years, being transferred to BCX. The plaintiff's refusal to sign a new contract did not alter the legal position, and no amendment to the retirement age was agreed or effected. The promise of harmonisation to a retirement age of 65 years was not contractually binding and did not constitute a variation of the plaintiff's terms. The Court held that the plaintiff reached the agreed retirement age and her dismissal was fair unde…

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• Automatic Unfair Dismissal
• Retirement Age
• Section 197 Transfer
• Discrimination
• Employment Contract Terms

Aspen Holdings Pty Ltd and Another v Phelane and Another (JA 71/23)

Aspen Holdings Pty Ltd and Another v Phelane and Another (JA 71/23) [2025] ZALAC 4; [2025] 4 BLLR 409 (LAC) (23 January 2025)

Court

Labour Appeal Court

Case number

JA 71/23

Judges

Molahlehi, Musi, Mooki

The Labour Appeal Court refused condonation for a late statement of case, holding that the employee failed to explain the full delay and could not rely on prospects alone.

• Condonation
• Automatically Unfair Dismissal
• Discrimination
• Religious And Cultural Rights
• Late Filing
• Prospects Of Success

Ndou and Others v Colefax Trading (Pty) Ltd and Others (J1330/22)

Ndou and Others v Colefax Trading (Pty) Ltd and Others (J1330/22) [2024] ZALCJHB 454 (20 November 2024)

Court

Labour Court Johannesburg

Case number

J1330/22

Judge

Seedat

The Labour Court held the EEA appeal was late under calendar-day computation, but granted condonation because the case raises an important discrimination question.

• Employment Equity Act
• Condonation
• Discrimination
• Computation Of Days
• Transfer Of Business
• Employment-equity-act

Assmang Proprietary Limited v Commissioner for the South African Revenue Service and Others (91960/2015)

Assmang Proprietary Limited v Commissioner for the South African Revenue Service and Others (91960/2015) [2023] ZAGPPHC 2032 (27 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

91960/2015

Judge

Neukircher

The court found that the applicant's proposed amendment raises a trialable constitutional issue regarding the discriminatory effect of sections 47(9)(c) and 75(1A)(f) of the Customs and Excise Act, which deny interest on diesel refunds, unlike other tax statutes. The differentiation is not justified merely because the diesel refund scheme is voluntary, and the absence of interest on refunds may violate the equality principle and constitute arbitrary deprivation of property. SARS failed to demonstrate prejudice from the amendment or that it was introduced mala fide. The court held that the ame…

Source excerpt

• Diesel Refund Scheme
• Constitutional Invalidity
• Discrimination
• Interest On Tax Refunds
• Customs And Excise Act
• Equality Principle

Assmang Proprietary Limited v Commissioner for the South African Revenue Service and Others

Assmang Proprietary Limited v Commissioner for the South African Revenue Service and Others [2023] ZAGPPHC 516; 91960/2015 (27 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

91960/2015

Judge

Neukircher

The court found that the applicant's proposed amendment raises a trialable constitutional issue regarding the discriminatory effect of sections 47(9)(c) and 75(1A)(f) of the Customs and Excise Act, which deny interest on diesel refunds. The differentiation between taxpayers under the Customs Act and those under other tax statutes is not justified merely by the voluntary nature of the diesel refund scheme. The respondent failed to demonstrate prejudice from the amendment or that its introduction was mala fide. The court held that the amendment is bona fide, introduces a viable issue for trial,…

Source excerpt

• Diesel Refund Scheme
• Constitutional Invalidity
• Discrimination
• Interest On Tax Refunds
• Customs And Excise Act
• Equality Principle

De la Rey, Pieter Jacobus v PH de la Rey Family Trust and Others (084/2021)

De la Rey, Pieter Jacobus v PH de la Rey Family Trust and Others (084/2021) [2023] ZASCA 48 (11 April 2023)

Court

Supreme Court of Appeal

Case number

084/2021

Judges

Ponnan, Saldulker, Gorven, Mabindla-Boqwana, Matojane

The Supreme Court of Appeal held that an inheritance dispute was not discrimination under the Equality Act and that the Equality Court lacked jurisdiction.

• Equality Court Jurisdiction
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Discrimination Definition
• Burden Of Proof
• Trust Beneficiary Rights
• Equality-court-jurisdiction

Haze Club (Pty) Ltd and Others v Minister of Police and Others (2101/2021)

Haze Club (Pty) Ltd and Others v Minister of Police and Others (2101/2021) [2022] ZAWCHC 269; [2023] 1 All SA 280 (WCC) (29 August 2022)

Court

Western Cape High Court, Cape Town

Case number

2101/2021

Judge

Slingers

The High Court held that the cannabis “grow club” model is not covered by Prince 3 and dismissed the application, finding the model too commercial and socialised.

• Right To Privacy
• Drugs And Drug Trafficking Act
• Cultivation Of Cannabis
• Section 22 Trade Occupation Profession
• Discrimination
• Reading In Of Statute

Makofane and Others v Patroland Special School and Others (JS696/2021)

Makofane and Others v Patroland Special School and Others (JS696/2021) [2021] ZALCJHB 371 (20 October 2021)

Court

Labour Court Johannesburg

Case number

JS696/2021

Judge

F. Coetzee

The Labour Court dismissed an urgent application challenging termination of fixed-term contracts, finding no pleaded breach and no jurisdiction to decide the dispute.

• Fixed Term Contracts
• Unlawful Termination
• Jurisdiction
• Section 198b Lra
• Discrimination
• Fixed-term-contracts

Manisi v Integritron Integrated Solutions (JS364/20)

Manisi v Integritron Integrated Solutions (JS364/20) [2021] ZALCJHB 231 (12 August 2021)

Court

Labour Court Johannesburg

Case number

JS364/20

Judge

K Naidoo

The Labour Court granted condonation for a late statement of response, finding a reasonable Covid-19-related explanation, adequate prospects, and no decisive prejudice.

• Condonation
• Unfair Dismissal
• Procedural Fairness
• Automatic Unfair Dismissal
• Discrimination
• Retrenchment Consultation