South Africa Case Law

Bidcorp Food Properties (Pty) Limited and Another v City of Johannesburg Metropolitan Municipality and Another (2022/030828)

Bidcorp Food Properties (Pty) Limited and Another v City of Johannesburg Metropolitan Municipality and Another (2022/030828) [2024] ZAGPJHC 1192 (20 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/030828

Judge

Theron

The High Court held that the municipality’s tariff and account decisions were not reviewable administrative action under PAJA and dismissed the application.

• Municipal Tariffs
• Administrative Action Exclusion
• Water Services Bylaws
• Dispute Resolution Mechanisms
• Municipal-tariffs
• Pa-ja-review

Chung-Feng and Others v City of Johannesburg Metropolitan Municipality (2024/073188)

Chung-Feng and Others v City of Johannesburg Metropolitan Municipality (2024/073188) [2024] ZAGPJHC 812 (20 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/073188

Judge

Beyers

The High Court dismissed an urgent interdict to stop water disconnection, finding no proper urgency and no compliant section 102 dispute under the Municipal Systems Act.

• Municipal Services Disconnection
• Urgency In Interdicts
• Section 102 Municipal Systems Act
• Dispute Resolution Mechanisms
• Municipal-services-disconnection
• Urgency-in-interdicts

Department Of Roads And Public Works: Northern Cape and Others v Samex Consulting (Pty) Ltd (2101/2021)

Department Of Roads And Public Works: Northern Cape and Others v Samex Consulting (Pty) Ltd (2101/2021) [2023] ZANCHC 15 (31 March 2023)

Court

Northern Cape High Court, Kimberley

Case number

2101/2021

Judge

Phatshoane

The court granted leave to appeal in a dispute over whether a consent order and settlement arrangement were enforceable or too uncertain to bind the parties.

• Enforceability Of Settlement Agreements
• Agreement To Agree
• Dispute Resolution Mechanisms
• Consent Orders
• Agreement-to-agree
• Settlement-agreements

PUTCO (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (252/22)

PUTCO (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (252/22) [2023] ZASCA 31; [2023] 2 All SA 601 (SCA) (30 March 2023)

Court

Supreme Court of Appeal

Case number

252/22

Judges

Saldulker JA, Schippers JA, Mbatha JA, Molefe JA, Unterhalter AJA

The Supreme Court of Appeal held that NLTA section 46 does not apply to disputes arising from section 41 negotiations for new transport contracts.

• Statutory Interpretation
• National Land Transport Act
• Negotiated Contracts
• Dispute Resolution Mechanisms
• Statutory-interpretation
• National-land-transport-act

York Timbers (PTY) Ltd v National Union of Metal Workers of South Africa( (J 513/2022)

York Timbers (PTY) Ltd v National Union of Metal Workers of South Africa( (J 513/2022) [2022] ZALCJHB 126 (7 June 2022)

Court

Labour Court Johannesburg

Case number

J 513/2022

Judge

Van Niekerk

The court found that the union's demand regarding the job grading process concerns the application and interpretation of the Sandton collective agreement. In terms of section 24(2) of the LRA, such disputes must be referred to arbitration, and any strike in support of this demand is unprotected under section 65(1). Regarding the demand about management conduct, the court held that the applicant's tender to appoint a mediator and conduct a relationship-building exercise substantively meets the union's process-related demand. Therefore, the substratum of the dispute has been removed, and any co…

Source excerpt

• Protected Strike
• Collective Agreement Interpretation
• Dispute Resolution Mechanisms
• Section 65 Lra
• Job Grading Dispute

Silinda N.O. and Others v Makhubela and Others (57206/2010)

Silinda N.O. and Others v Makhubela and Others (57206/2010) [2017] ZAGPPHC 1194 (16 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

57206/2010

Judge

Makgoka

The court refused to confirm a disputed beneficiary list for restituted land, ordered a fresh verification by Dr Fischer, and amended the trust deed.

• Restitution Of Land Rights Act
• Trust Beneficiary Verification
• Amendment Of Trust Deed
• Community Land Claims
• Dispute Resolution Mechanisms
• Contempt Of Court

Rukwaya and Others v Kitchen Bar Restaurant (JA80/16)

Rukwaya and Others v Kitchen Bar Restaurant (JA80/16) [2017] ZALAC 51; (2018) 39 ILJ 180 (LAC); [2018] 2 BLLR 161 (LAC) (5 September 2017)

Court

Labour Appeal Court

Case number

JA80/16

Judges

Tlaletsi, Davis, Kathree-Setiloane

The Labour Appeal Court held that the appellants' claim was founded on the respondent's non-compliance with the collective agreement, not on a breach of individual employment contracts. The substance of the dispute was the failure to pay industry minimum wages and bonuses as stipulated in the collective agreement. Accordingly, the appellants were required to follow the dispute resolution process set out in clause 28(a) of the collective agreement, which provides for investigation, conciliation, and arbitration. The Labour Court does not have jurisdiction to adjudicate such claims directly, as…

Source excerpt

• Collective Agreement Enforcement
• Jurisdiction Of Labour Court
• Dispute Resolution Mechanisms
• Minimum Wage Claims

Rukwaya and Others v Kitchen Bar Restaurant (J591/2013)

Rukwaya and Others v Kitchen Bar Restaurant (J591/2013) [2016] ZALCJHB 86; (2016) 37 ILJ 1466 (LC) (9 March 2016)

Court

Labour Court Johannesburg

Case number

J591/2013

Judge

Bakker

The Labour Court lacks jurisdiction to enforce compliance with a bargaining council collective agreement extended to non-parties where the agreement and section 33A of the LRA prescribe arbitration as the exclusive remedy. The applicants' claim is substantively about non-compliance with the collective agreement, not a breach of individual employment contracts. Section 77(3) of the BCEA cannot be used to circumvent the special dispute resolution mechanisms established by the LRA and the collective agreement. The applicants must pursue their remedies through the Council's enforcement and arbitr…

Source excerpt

• Collective Agreement Enforcement
• Jurisdiction Of Labour Court
• Section 77 Bcea
• Section 33a Lra
• Minimum Wage Dispute
• Dispute Resolution Mechanisms

Hillary Construction (Pty) Ltd and Another v Roads Agency Limpopo (Pty) Ltd (44632/2008)

Hillary Construction (Pty) Ltd and Another v Roads Agency Limpopo (Pty) Ltd (44632/2008) [2011] ZAGPPHC 161 (18 August 2011)

Court

North Gauteng High Court, Pretoria

Case number

44632/2008

Judge

Prinsloo

High Court application about contract dispute procedures, time bars, and an extension of time under section 8 of the Arbitration Act.

• Construction Contracts
• Arbitration Act Section 8
• Time Barring Of Claims
• Declaratory Relief
• Dispute Resolution Mechanisms
• Construction-contracts