South Africa Case Law

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others

Office of Chief Justice Republic of South Africa v General Public Service Sector Bargaining Council and Others [2025] ZALCPE 15 (6 August 2025)

Court

Labour Court Port Elizabeth

Case number

PR228/23

Judge

de Kock

Labour Court review of an unfair labour practice award held that the employee had to disclose a pending criminal charge; the award was set aside.

• Unfair Labour Practice
• Duty Of Disclosure
• Review Of Arbitration Award
• Reasonableness Standard
• Appointment Procedure
• Unfair-labour-practice

D.M v D.M

D.M v D.M [2025] ZAGPJHC 31; [2025] 2 All SA 398 (GJ); 2025 (4) SA 183 (GJ) (28 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021-043212

Judge

A Friedman

The court held that section 7 of the Matrimonial Property Act requires a spouse to furnish full particulars of the value of their estate upon request, and this duty arises during divorce proceedings, not only upon dissolution of the marriage. However, the court retains a discretion to regulate its own process and may refuse to compel compliance with a section 7 notice if it is impractical, premature, or prejudicial. In this case, the respondent failed to demonstrate any compelling reason to resist disclosure, and no real prejudice would result from granting the application. The pending separa…

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• Matrimonial Property Act
• Accrual System
• Duty Of Disclosure
• Beneficial Ownership
• Interlocutory Relief

R.E.M v E.J.N.M and Another (65757/2012)

R.E.M v E.J.N.M and Another (65757/2012) [2020] ZAGPPHC 258 (25 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

65757/2012

Judge

P H Malungana

The High Court rescinded a divorce settlement after finding the applicant had been induced by misrepresentation about pension fund benefits.

• Divorce Settlement
• Misrepresentation
• Rescission Of Judgment
• Liquidation Of Joint Estate
• Duty Of Disclosure
• Divorce-settlement

M.C.P v C.H.P (352/2019)

M.C.P v C.H.P (352/2019) [2019] ZANCHC 60 (20 December 2019)

Court

Northern Cape High Court, Kimberley

Case number

352/2019

Judge

Phatshoane

The High Court dismissed a contempt application over post-divorce disclosure, but ordered the respondent to provide fuller financial details needed to calculate accrual.

• Matrimonial Property Act
• Duty Of Disclosure
• Contempt Of Court
• Accrual System
• Divorce Settlement Enforcement
• Divorce

Galesitoe v Commission for Conciliation, Mediation and Arbitration and Others (JR 1402/14)

Galesitoe v Commission for Conciliation, Mediation and Arbitration and Others (JR 1402/14) [2017] ZALCJHB 516; [2017] 7 BLLR 690 (LC) (31 January 2017)

Court

Labour Court Johannesburg

Case number

JR 1402/14

Judge

Lagrange

The court found that the applicant's litigation with the PIC was not protected under Section 5 of the Labour Relations Act, as it was a civil claim unrelated to the exercise of rights under the Act. The arbitrator's finding that the applicant was obliged to disclose the litigation was reasonable, given Deloitte's business interest in the PIC and the applicant's role. The court held that Tabane's limited knowledge could not be imputed to Deloitte and that the applicant could not assume the employer would discover the litigation through background checks, especially as he used a different name.…

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• Review Of Arbitration Award
• Duty Of Disclosure
• Employment Misconduct
• Material Non Disclosure
• Unfair Dismissal

Ismail NO and Another v Erf 87 Dullstroom CC (A357/2015)

Ismail NO and Another v Erf 87 Dullstroom CC (A357/2015) [2015] ZAGPPHC 835 (11 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

A357/2015

Judges

M.G Phatudi, M. Jansen

Appeal dismissed where sellers knew of a road reserve affecting the property and could not rely on a voetstoots clause to avoid liability for non-disclosure.

• Voetstoots Clause
• Latent Defect
• Misrepresentation
• Actio Quanti Minoris
• Duty Of Disclosure
• Voetstoots-clause

Jerrier v Outsurance Insurance Company Limited (AR 4160/2010)

Jerrier v Outsurance Insurance Company Limited (AR 4160/2010) [2015] ZAKZPHC 34; 2015 (5) SA 433 (KZP); [2015] 3 All SA 701 (KZP) (7 July 2015)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 4160/2010

Judges

M R Chetty, Vahed, Poyo-Dlwati

An insurer could not avoid a later collision claim because the insured failed to report earlier incidents he never intended to claim for.

• Insurance Policy Interpretation
• Material Non Disclosure
• Duty Of Disclosure
• Contra Proferentem
• Indemnity
• No Claim Bonus

Abrahams v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others; Freedom Park v Abrahams and Others (JR268/13; JR516/13)

Abrahams v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others; Freedom Park v Abrahams and Others (JR268/13; JR516/13) [2015] ZALCJHB 457 (19 February 2015)

Court

Labour Court Johannesburg

Case number

JR268/13; JR516/13

Judge

Beaton AJ

The Labour Court set aside a pre-dismissal arbitration award after finding no disclosable interest based on friendship alone, and dismissed the employer’s counter-review.

• Pre Dismissal Arbitration
• Duty Of Disclosure
• Wasteful Expenditure
• Disciplinary Code
• Review Of Arbitration Award
• Labour-law

Klencovljevic v Discovery Life Limited (46154/2013 , 46155/2013)

Klencovljevic v Discovery Life Limited (46154/2013 , 46155/2013) [2014] ZAGPJHC 191 (18 August 2014)

Court

South Gauteng High Court, Johannesburg

Case number

46154/2013 , 46155/2013

Judge

FJ Becker

The court found that the respondent insurer failed to assess the applicant's claims within a reasonable time and did not establish any legal basis for indefinite deferral pending third party investigations. The respondent did not conduct its own investigation or make any election to repudiate or honour the policies during the six month period following claim submission. The court held that the insurer's right to a reasonable time to assess claims does not entitle it to postpone assessment indefinitely in the hope that external investigations might yield relevant information. Furthermore, the…

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• Insurance Claims
• Material Non Disclosure
• Reasonable Time To Assess
• Policy Repudiation
• Duty Of Disclosure

Sneech v RN Griffin Investments (Pty) Ltd and Others (2011/27920)

Sneech v RN Griffin Investments (Pty) Ltd and Others (2011/27920) [2012] ZAGPJHC 125 (14 June 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2011/27920

Judge

Sutherland

High Court review of an arbitration appeal tribunal failed. The court held the tribunal did not exceed its powers by interpreting the pleadings and deciding the duty of disclosure issue.

• Arbitration Review
• Exceeding Powers
• Duty Of Disclosure
• Fiduciary Duty
• Pleadings Interpretation
• Arbitration-review