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South Africa decisions
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Tracetec (Pty) Ltd v Business Equipment Asset Finance (Pty) Ltd (3449/2022) [2025] ZAWCHC 181 (29 April 2025)
The High Court dismissed a bid to amend pleadings to add fraud and rectification claims, holding the plaintiff was bound by an earlier election to uphold the contracts.
Lutzkie and Others v Kilken Platinum (Pty) Ltd and Others (37252/2021) [2024] ZAGPPHC 497 (28 May 2024)
The High Court referred a section 163 oppression application to trial because of material factual disputes, while granting interim access and board-related relief.
Bliss Brands (Pty) Ltd v NASA - Workers (JR391/22) [2024] ZALCJHB 95; [2024] 5 BLLR 484 (LC); (2024) 45 ILJ 1250 (LC) (4 March 2024)
The Labour Court held that neither the Labour Relations Act nor the CCMA Rules prohibit the withdrawal of disputes by a referring party. The withdrawal of a dispute is not a functionary act and is akin to absolution from the instance, which does not bar reinstitution of proceedings. The applicant's arguments regarding the need for employer consent, the doctrine of election, and the undermining of collective bargaining were rejected. The LRA does not require a union to be bound by its election to arbitrate and does not prevent future pursuit of organisational rights. The commissioner committed…
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Commissioner for The South African Revenue Services v Porrit N.O. and Others (9260/2013) [2022] ZAKZPHC 53 (16 September 2022)
The High Court granted SARS leave to amend its particulars of claim in a liquidation-related dispute, finding no new cause of action or relevant prejudice.
Anglo American Platinum Ltd v Beyers and Others (JA122/2019) [2021] ZALAC 16; [2021] 10 BLLR 965 (LAC); (2021) 42 ILJ 2149 (LAC) (2 July 2021)
The Labour Appeal Court held that an employer’s intervention in a disciplinary sanction must be fair and justified by the evidence; the appeal against reinstatement failed.
Kubheka v Member of the Executive Council: Human Settlements (Gauteng Provincial Government) and Another (J280/20) [2020] ZALCJHB 93; (2021) 42 ILJ 1497 (LC) (5 May 2020)
The court held that the Department, having entered into a tripartite agreement for a pre-dismissal arbitration under section 188A of the LRA, is divested of its prerogative to institute any parallel in-house disciplinary hearing against the applicant pending the finalisation of the arbitration. The doctrine of election applies, preventing the Department from blowing hot and cold by pursuing two inconsistent disciplinary processes. The Department's attempt to distinguish the charges based on their source was rejected, as the statutory arbitration process is intended to expedite and consolidate…
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Krishna v Magnet Electric Supplies (Pty) Limited (1097/18) [2019] ZAKZPHC 33 (10 June 2019)
The High Court ordered payment of the balance due under a share repurchase agreement, rejecting the respondent’s attempt to suspend performance pending alleged damages claims.
Gaarekwebore v Minister of Health and Others (JR2208/16) [2019] ZALCJHB 120 (29 May 2019)
The Labour Court dismissed a declaratory application about the nursing OSD, holding the dispute belonged in arbitration and that the applicant had acquiesced in his reinstatement.
JM V GM and Others (3145/2015) [2019] ZAECPEHC 23 (9 April 2019)
Rule 43(6) costs-contribution application in divorce proceedings. Court enforced the June 2018 agreement for R625,000, but refused a larger further contribution.
Outhoff and Another v Kaplan N.O and Others (A85/2017, 69475/2014) [2019] ZAGPPHC 135 (28 February 2019)
The High Court held that a mutual will created a massing of estates and put the surviving spouse to an election between adiation and repudiation.
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