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South Africa decisions
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Furman and Another v City of Johannesburg and Others (2022/026555) [2025] ZAGPJHC 127 (3 February 2025)
The court discharged a rule nisi seeking to set municipal charges to nil and compel a clearance certificate, holding that contempt alone did not justify that relief.
Arcelormittal South Africa Limited v National Union of Metalworkers of South Africa obo Members and Others (J1343/21) [2021] ZALCJHB 433 (8 November 2021)
The court found that NUMSA and the affected employees failed to comply with the dispute resolution procedure set out in the Recognition Agreement, which is binding and enforceable as a collective agreement under the LRA. The majority judgment in BMW South Africa (Pty) Ltd v NUMSA obo Members was applied, confirming that parties are obliged to follow the procedures in their collective agreements before resorting to industrial action. The court rejected the argument that substantial compliance or compliance with section 64 of the LRA alone suffices, holding that strict adherence to the agreed p…
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Lifman and Another v Commissioner for the South African Revenue Service and Others (22820/2016) [2019] ZAWCHC 67; 81 SATC 289 (11 June 2019)
The High Court dismissed an application to stay tax execution proceedings, finding the assessments final and conclusive because the applicants had not used the Tax Administration Act remedies.
Radon Projects (Pty) Ltd v N V Properties (Pty) Ltd and Another (528/12) [2013] ZASCA 83; [2013] 3 All SA 615 (SCA); 2013 (6) SA 345 (SCA) (31 May 2013)
The Supreme Court of Appeal held that the contractor's revised claims, submitted after practical completion and based on new information, constituted disputes arising out of the agreement and were properly referable to arbitration. The court rejected the employer's argument that the arbitrator lacked jurisdiction because the initial claims had been finally disposed of during construction, finding that the current claims were distinct and not precluded by earlier decisions. The court further clarified that whether a dispute is resolved by adjudication or arbitration depends on when it is submi…
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National Entitled Workers Union v Metal and Engineering Industries Bargaining Council Centre for Dispute Resolution and Others (JR2814/04) [2007] ZALC 114 (6 December 2007)
The Labour Court dismissed a review of an arbitration award, holding the dispute concerned compliance with a collective agreement, not interpretation or application.
South Africa Clothing Textile Workers Union v Free State and Northern Cape Clothing Manufacturers' Association (JA28/01) [2001] ZALAC 13; [2002] 1 BLLR 27 (LAC); (2001) 22 ILJ 2636 (LAC) (29 October 2001)
The Labour Appeal Court held that the intended strike by employees of Jaff and Co Ltd in Kimberly and NEWCLO (Pty) Ltd in Kroonstad was not a secondary strike as defined by section 66 of the Labour Relations Act, because both groups of employees were employed by the same employer. The Court found that the strike was an ordinary protected strike governed by section 64, as all statutory requirements had been met in the Northern Areas Bargaining Council, and the dispute had already been referred to the appropriate council for conciliation. The Court rejected the respondent's argument that employ…
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