South Africa Case Law

Mamatu v Centlec (SOC) Ltd. and Others (3055/2025)

Mamatu v Centlec (SOC) Ltd. and Others (3055/2025) [2025] ZAFSHC 203 (1 July 2025)

Court

Free State High Court, Bloemfontein

Case number

3055/2025

Judge

Molitsoane

The court found that the applicant had established urgency due to the immediate loss of salary and medical aid, and that the requirements for interim interdictory relief were satisfied. The dispute regarding the purported resignation could not be resolved on the papers and was reserved for the review proceedings in Part B. The court exercised its discretion to condone non-compliance with service rules, as no prejudice was shown by the respondents. It held that the High Court has concurrent jurisdiction with the Labour Court in employment contract matters, relying on Baloyi v Public Protector…

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• Urgent Interdict
• Employment Contract Termination
• Jurisdiction Of High Court
• Non Compliance With Rules
• Authority To Defend
• Interim Relief

Jansen v North West Department of Education and Others (2025/032845)

Jansen v North West Department of Education and Others (2025/032845) [2025] ZALCJHB 158 (17 April 2025)

Court

Labour Court Johannesburg

Case number

2025/032845

Judge

G Mafa-Chali

The court found that the applicant failed to demonstrate genuine urgency in her application. Although she was informed on 20 January 2025 that her retirement withdrawal was refused, she delayed filing the application until 10 March 2025 and instead pursued further correspondence, which undermined her claim of urgency. The court held that urgency must not be self-created and that applicants must act promptly when their rights are affected. The applicant's reliance on constitutional principles and potential financial hardship did not suffice to establish urgency, as she did not act with the req…

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• Public Service Act
• Retirement Notice Withdrawal
• Delegation Of Authority
• Urgency In Litigation
• Specific Performance
• Employment Contract Termination

Olivier v MEC North West Provincial Government Department of Education and Sport Development and Others (J581/2022)

Olivier v MEC North West Provincial Government Department of Education and Sport Development and Others (J581/2022) [2024] ZALCJHB 185 (24 March 2024)

Court

Labour Court Johannesburg

Case number

J581/2022

Judge

Whittington

The Labour Court has jurisdiction to hear the applicant's claim for breach of contract under section 77(3) of the BCEA. The requirement to refer unfair dismissal disputes to a bargaining council under section 191 of the LRA does not preclude the applicant from approaching the Labour Court for contractual claims. The grievance procedure under the Employment of Educators Act is not mandatory and does not bar access to the Labour Court. The applicant's pleadings are based on breach of contract, not direct reliance on the BCEA, and therefore the jurisdictional challenges raised by the respondents…

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• Jurisdiction Of Labour Court
• Section 77 3 Bcea
• Points In Limine
• Employment Contract Termination

Ashrafiah Trust v Rylands (C184/2023)

Ashrafiah Trust v Rylands (C184/2023) [2023] ZALCCT 70 (5 December 2023)

Court

Labour Court Cape Town

Case number

C184/2023

Judge

Whitcher

The Labour Court held that termination of the employment contract ended the respondent's right to act as Imam, and granted interdictory relief.

• Employment Contract Termination
• Interdictory Relief
• Jurisdiction Of Labour Court
• Employment-contract-termination
• Interdictory-relief
• Jurisdiction-of-labour-court

Mayana v Executive Mayor: Nelson Mandela Bay Metropolitan Municipality and Others - Appeal (CA09/2023)

Mayana v Executive Mayor: Nelson Mandela Bay Metropolitan Municipality and Others - Appeal (CA09/2023) [2023] ZAECMKHC 106 (19 September 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA09/2023

Judges

GH Bloem, JGA Laing, ZZ Matebese

Appeal dismissed: a municipal adviser’s contract ended for misconduct without a hearing because no contractual or binding collective-agreement right to one was proven.

• Employment Contract Termination
• Disciplinary Procedure
• Collective Agreement Binding
• Notice Period
• Authority To Terminate
• Employment-contract-termination

Bojosinyane v Maroga and Others (Leave to Appeal) (UM197/2022)

Bojosinyane v Maroga and Others (Leave to Appeal) (UM197/2022) [2023] ZANWHC 139 (18 August 2023)

Court

North West High Court, Mafikeng

Case number

UM197/2022

Judge

S. Mfenyana

The High Court granted leave to appeal to the Full Court in a municipal intervention and employment dispute, finding arguable prospects of success.

• Municipal Intervention
• Appointment Of Administrator
• Section 139 Constitution
• Employment Contract Termination
• Leave-to-appeal
• Municipal-intervention

Nhlapo v Member of the Executive Council and Another (J164/2022 (2))

Nhlapo v Member of the Executive Council and Another (J164/2022 (2)) [2023] ZALCJHB 102; (2023) 44 ILJ 1772 (LC) (13 April 2023)

Court

Labour Court Johannesburg

Case number

J164/2022 (2)

Judge

Lagrange

The court found that the applicant was not entitled to reinstatement pending the outcome of his application for leave to appeal. The judgment setting aside his appointment as an employee was a declaration of nullity, which extinguished the employment relationship. The department's subsequent advice to the applicant to stop working did not constitute execution of the judgment, but merely confirmed the legal position. In the absence of a successful application by the respondents under section 18(3) of the Superior Courts Act to give effect to the judgment despite the pending appeal, the judgmen…

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• Specific Performance
• Superior Courts Act Section 18
• Employment Contract Termination
• Urgent Interdict
• Reinstatement Pending Appeal

Nelana v Interim Chairperson of the Board: Buffalo City Metropolitan Development Agency Board and Others (4027/2022)

Nelana v Interim Chairperson of the Board: Buffalo City Metropolitan Development Agency Board and Others (4027/2022) [2023] ZAECMKHC 25 (7 February 2023)

Court

Eastern Cape High Court, Makhanda

Case number

4027/2022

Judge

Smith

The court found that the Agency's decision to terminate the applicant's employment contract was taken in calculated haste and with the sole purpose of undermining the efficacy of a prior court order. The respondents failed to provide any bona fide justification for their actions and relied solely on their contractual right to terminate on notice. The court held that the mala fide enforcement of a contractual term to defeat a court order is contrary to public policy. The applicant established urgency, a prima facie right, and the absence of an adequate alternative remedy. The court concluded t…

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• Employment Contract Termination
• Public Policy Exception
• Mala Fide Enforcement
• Interim Relief
• Natural Justice

Lukhele v Letsoalo and Another (58803/21)

Lukhele v Letsoalo and Another (58803/21) [2022] ZAGPPHC 580 (1 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

58803/21

Judge

Ceylon

High Court refused to reconsider an urgent order suspending termination of an RAF employment contract, finding the respondents’ absence was wilful.

• Rule 6 12 C
• Jurisdiction Of High Court
• Employment Contract Termination
• Condonation
• Locus Standi
• Rule-6-12-c

Scibit Scientific Bitware (PTY) Ltd v Potgieter (1784/2021)

Scibit Scientific Bitware (PTY) Ltd v Potgieter (1784/2021) [2022] ZAFSHC 121 (18 May 2022)

Court

Free State High Court, Bloemfontein

Case number

1784/2021

Judge

Naidoo

The High Court dismissed an application for leave to appeal against enforcement of a restraint of trade clause, finding no reasonable prospects of success.

• Restraint Of Trade
• Employment Contract Termination
• Leave To Appeal Test
• Public Policy
• Leave-to-appeal
• Restraint-of-trade