South Africa Case Law

Khuza and Another v Khanyiwe (5009/2018)

Khuza and Another v Khanyiwe (5009/2018) [2025] ZAECMHC 15; [2025] 2 All SA 463 (ECM) (4 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

5009/2018

Judges

M.S. Jolwana, G.N.Z. Mjali, L. Rusi

The court found that the utterances made by the first appellant accusing the respondent of theft occurred in the context of an employment investigation into missing municipal refuse plastic bags. The first appellant was acting in his official capacity as superintendent, and the statements were made during meetings with supervisors and in the course of disciplinary proceedings. The court held that these circumstances constituted a qualified privileged occasion, negating any presumption of animus iniuriandi. The respondent pleaded guilty to gross dishonesty in the disciplinary process, further…

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• Defamation
• Qualified Privilege
• Employment Misconduct
• Animus Iniuriandi
• Damages
• Disciplinary Proceedings

Diholo v Gauteng Department of Education and Others (JR 1775/19)

Diholo v Gauteng Department of Education and Others (JR 1775/19) [2023] ZALCJHB 117 (2 May 2023)

Court

Labour Court Johannesburg

Case number

JR 1775/19

Judge

Tlhotlhalemaje

The Labour Court granted condonation but dismissed a review of an ELRC award confirming an educator’s dismissal for improper conduct toward a learner.

• Sexual Harassment
• Employment Misconduct
• Condonation
• Review Of Arbitration Award
• Disciplinary Procedure
• Review-of-arbitration-award

Kleinbooi v Education Labour Relations Council (PR53/2014)

Kleinbooi v Education Labour Relations Council (PR53/2014) [2018] ZALCPE 27 (18 October 2018)

Court

Labour Court Port Elizabeth

Case number

PR53/2014

Judge

Prinsloo

The Labour Court reviewed and set aside an arbitration award after finding the arbitrator failed to properly weigh conflicting evidence and probabilities.

• Review Of Arbitration Award
• Gross Irregularity
• Dismissal Of Educator
• Credibility Assessment
• Employment Misconduct
• Arbitration-review

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.…

Source excerpt

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

Nolte v Minister of Safety & Security and Another (3444/10)

Nolte v Minister of Safety & Security and Another (3444/10) [2014] ZAECPEHC 1 (31 January 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3444/10

Judge

E Revelas

A South African High Court found a police officer’s affidavit accusing a colleague of fraud and dishonesty to be defamatory and awarded damages.

• Defamation
• Malicious Prosecution
• Qualified Privilege
• Damages Assessment
• Employment Misconduct
• Qualified-privilege