South Africa Case Law

Tshabalala v Moqhaka Local Municipality and Another (JA88/2024)

Tshabalala v Moqhaka Local Municipality and Another (JA88/2024) [2024] ZALAC 60; [2025] 2 BLLR 189 (LAC); (2025) 46 ILJ 590 (LAC) (21 November 2024)

Court

Labour Appeal Court

Case number

JA88/2024

Judges

Savage, Van Niekerk, Govindjee

The Labour Appeal Court held that the Labour Court erred in its interpretation of when a disciplinary hearing commences under Regulation 6(6)(a) of the Local Government: Disciplinary Regulations for Senior Managers, 2010. The regulations require that the disciplinary hearing must commence within three months of suspension, and commencement is defined by the convening of the hearing and the reading out of charges by the presiding officer, not merely by service of charges. Since no hearing was convened within three months, the appellant's suspension lapsed automatically on 31 May 2024. The appe…

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• Precautionary Suspension
• Disciplinary Hearing Commencement
• Local Government Disciplinary Regulations
• Employment Contract Enforcement

Mbewu v OR Tambo District Municipality and Another (3208/2024)

Mbewu v OR Tambo District Municipality and Another (3208/2024) [2024] ZAECMHC 68 (20 August 2024)

Court

Eastern Cape High Court, Mthatha

Case number

3208/2024

Judge

Zono AJ

The High Court granted urgent relief enforcing an employment contract, ordering payment of July 2024 salary, removal of a key block, and costs against the respondents.

• Specific Performance
• Employment Contract Enforcement
• Final Interdict
• Jurisdiction Of High Court
• Urgent Relief
• Employment-contract-enforcement

Shema v Ditsobotla Local Municipality and Another (J 1625/23)

Shema v Ditsobotla Local Municipality and Another (J 1625/23) [2024] ZALCJHB 151 (2 April 2024)

Court

Labour Court Johannesburg

Case number

J 1625/23

Judge

Ngwenya

The court found that the applicant's employment contract was revived by a valid settlement agreement, which remains in force until set aside. The respondent's refusal to allow the applicant to render services was unlawful, as the employment relationship persists and the respondent cannot rely on the original dismissal. The requirements for specific performance were met, and the respondent failed to demonstrate any operational or relational impediment to reinstatement. However, the applicant did not establish exceptional circumstances required for leave to execute the previous order pending ap…

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• Specific Performance
• Employment Contract Enforcement
• Urgent Application
• Leave To Execute
• Settlement Agreement
• Unfair Dismissal

FNB Insurance Brokers v Grange (J252/18)

FNB Insurance Brokers v Grange (J252/18) [2018] ZALCJHB 77 (21 February 2018)

Court

Labour Court Johannesburg

Case number

J252/18

Judge

GN Moshoana

The Labour Court held the urgency requirements were met and enforced a valid restraint of trade against a former FNB Insurance Brokers employee.

• Restraint Of Trade
• Confidential Information
• Non Solicitation
• Section 197 Transfer
• Employment Contract Enforcement
• Restraint-of-trade

Mnguni v MEC for the Department of Education, EC and Another (3865/2016)

Mnguni v MEC for the Department of Education, EC and Another (3865/2016) [2018] ZAECMHC 3 (23 January 2018)

Court

Eastern Cape High Court, Mthatha

Case number

3865/2016

Judge

Dawood

The court found that it had concurrent jurisdiction to hear the matter as the applicant was seeking enforcement of an employment contract, not the review of a labour practice. The claim was not prescribed, as the applicant only became aware of the appeal outcome in July 2016 due to the respondent's failure to inform her. There was a genuine dispute of fact regarding whether the disciplinary appeal overturned the dismissal and whether the applicant was entitled to reinstatement. The dispute could not be resolved on the papers, and in the interests of justice, the matter was referred to oral ev…

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• Employment Contract Enforcement
• Jurisdiction Of High Court
• Prescription Act Application
• Disciplinary Procedure
• Referral To Oral Evidence

Chafeker v CCMA and Others (C568/12)

Chafeker v CCMA and Others (C568/12) [2014] ZALCCT 29; (2015) 36 ILJ 451 (LC) (29 May 2014)

Court

Labour Court Cape Town

Case number

C568/12

Judge

Steenkamp

The Labour Court held that Chafeker’s dismissal by a close corporation was invalid because no valid member vote was taken, leaving his contract in force.

• Unlawful Dismissal
• Jurisdiction Of Ccma
• Close Corporations Act
• Employment Contract Enforcement
• Unlawful-dismissal
• Ccma-jurisdiction

Zono v Minister of Police and Others (EL 1092/2012, ECD 2492/2012)

Zono v Minister of Police and Others (EL 1092/2012, ECD 2492/2012) [2013] ZAECELLC 4 (2 May 2013)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1092/2012, ECD 2492/2012

Judge

D.Z. Dukada

The High Court found that it had jurisdiction to adjudicate the applicant's claim for reinstatement of salary, as the claim was based on enforcement of a contract and not on unfair dismissal under the Labour Relations Act. The termination of the applicant's salary was declared invalid because it was effected without a disciplinary hearing, in contravention of the SAPS discipline regulations, which require fair treatment and due process. The applicant established urgency due to financial hardship and lack of alternative remedy, justifying the urgent application. The court declined jurisdiction…

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• Employment Contract Enforcement
• Termination Of Salary
• Jurisdiction Of High Court
• Urgent Interdict
• Disciplinary Procedure

Hermanus v Overberg District Municipality (C 144/12)

Hermanus v Overberg District Municipality (C 144/12) [2012] ZALCCT 8 (1 March 2012)

Court

Labour Court Cape Town

Case number

C 144/12

Judge

A Steenkamp

Urgent application to stop a disciplinary hearing was struck from the roll because the applicant failed to show real urgency.

• Urgent Interdict
• Disciplinary Hearing
• Employment Contract Enforcement
• Legal Representation
• Unfair Dismissal
• Urgent-interdict