South Africa Case Law

Asiphephe Primary School v Head of Department: Department of Education KZN (D723/2023)

Asiphephe Primary School v Head of Department: Department of Education KZN (D723/2023) [2024] ZALCD 51 (9 December 2024)

Court

Labour Court Durban

Case number

D723/2023

Judge

Allen-Yaman

The Labour Court dismissed a school’s review of the Department’s delay in appointing a principal, holding s158(1)(h) of the LRA was unavailable to the school and governing body.

• Employment Of Educators Act
• School Governing Body Powers
• Promotion Of Administrative Justice Act
• Standing In Review Applications
• Lra-section-158-1-h
• School-governing-body-powers

Bloemfontein South High School Governing Body v MEC: Free State Department of Education and Others (2056/2024)

Bloemfontein South High School Governing Body v MEC: Free State Department of Education and Others (2056/2024) [2024] ZAFSHC 383 (29 November 2024)

Court

Free State High Court, Bloemfontein

Case number

2056/2024

Judge

JP Daffue

A school governing body sought to compel appointment of its recommended deputy principal candidate, but the court held a final delegated decision had already been taken and dismissed the application with costs.

• Employment Of Educators Act
• Delegation Of Authority
• Mandamus
• Declaratory Relief
• Plascon Evans Rule
• Administrative-law

Uid-Afrikaanse Onderwysers Unie and Another v MEC: Northern Cape Department of Education and Others (CA&R 04/2024 ; 834/2023)

Uid-Afrikaanse Onderwysers Unie and Another v MEC: Northern Cape Department of Education and Others (CA&R 04/2024 ; 834/2023) [2024] ZANCHC 113 (6 September 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 04/2024

Judges

MC Mamosebo, APS Nxumalo

The court found that the Head of Department's decision to transfer Mr Mpalala as principal of Petrusville Primary School was administrative action reviewable under PAJA. The decision was not authorised by the empowering provisions of the Employment of Educators Act and Personnel Administration Measures, as the School Governing Body's recommendation was not properly considered and the post was not advertised as required. The court rejected the respondents' preliminary points, holding that the MEC was correctly joined as nominal respondent under the State Liability Act, and that the High Court…

Source excerpt

• Promotion Of Administrative Justice Act
• Employment Of Educators Act
• School Governing Body Powers
• Jurisdiction Of High Court
• Procedural Fairness
• Misjoinder

MEC Department of Education KZN and Another v Cumaio (DA06/23)

MEC Department of Education KZN and Another v Cumaio (DA06/23) [2024] ZALAC 39; [2024] 12 BLLR 1249 (LAC); (2025) 46 ILJ 99 (LAC) (28 August 2024)

Court

Labour Appeal Court

Case number

DA06/23

Judges

Van Niekerk JA, Musi AJA, Jolwana AJA

The Labour Appeal Court held that the Department incorrectly calculated the period of absence as calendar days rather than days the employee was obliged to be at work, as clarified by the Constitutional Court in Mamasedi. The jurisdictional requirements for deemed dismissal under s 14(1)(a) of the Employment of Educators Act were not present, as the Department was aware of the employee's whereabouts and there was no evidence of abscondment. The refusal to reinstate was irrational and unlawful. The Labour Court's limitation of reinstatement to the date of judgment was incorrect; since s 14(1)(…

Source excerpt

• Employment Of Educators Act
• Deemed Dismissal
• Reinstatement
• Legality Review
• Costs Award

Mukhari v Education Labour Relations Council and Others (JR2432/21)

Mukhari v Education Labour Relations Council and Others (JR2432/21) [2024] ZALCJHB 291 (2 August 2024)

Court

Labour Court Johannesburg

Case number

JR2432/21

Judge

L de Haan

Review of an ELRC award dismissed: the Labour Court held the applicant's conduct amounted to disrespect under the Educators Act, and the sanction stood.

• Unfair Labour Practice
• Disciplinary Action
• Insolence And Disrespect
• Review Of Arbitration Award
• Employment Of Educators Act
• Labour-law

Khumalo v MEC: Mpumalanga Department of Education (JR1144/20)

Khumalo v MEC: Mpumalanga Department of Education (JR1144/20) [2024] ZALCJHB 235 (21 February 2024)

Court

Labour Court Johannesburg

Case number

JR1144/20

Judge

N Makopo

The Labour Court dismissed a review of a deemed dismissal under section 14(1)(a) of the Employment of Educators Act, finding no adequate basis for review.

• Employment Of Educators Act
• Deemed Dismissal
• Review Of Administrative Action
• Condonation
• Section 158 Lra
• Employment-of-educators-act

Kekana v Education Labour Relations Council and Another (2023/04447)

Kekana v Education Labour Relations Council and Another (2023/04447) [2024] ZAGPPHC 152 (19 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/04447

Judge

RB Mkhabela

The High Court refused leave to appeal after holding it had no jurisdiction to revisit a matter already refused by the Labour Appeal Court and Constitutional Court.

• Jurisdiction Of High Court
• Abuse Of Process
• Leave To Appeal
• Employment Of Educators Act
• High-court-jurisdiction
• Leave-to-appeal

Department of Education, Northern Cape v Education Labour Relations Bargaining Council and Others (PR229/18)

Department of Education, Northern Cape v Education Labour Relations Bargaining Council and Others (PR229/18) [2023] ZALCPE 18 (15 August 2023)

Court

Labour Court Port Elizabeth

Case number

PR229/18

Judge

N Msizi

The Labour Court dismissed a review of a CCMA award finding an unfair labour practice in the appointment of a school principal.

• Unfair Labour Practice
• Promotion
• Employment Of Educators Act
• Review Of Arbitration Award
• Onus Of Proof
• Administrative Action

South African Council for Educators v Deon Scheepers and Others (CCT 127/22)

South African Council for Educators v Deon Scheepers and Others (CCT 127/22) [2023] ZACC 23; [2023] 10 BLLR 981 (CC); (2023) 44 ILJ 2191 (CC); 2024 (5) BCLR 663 (CC) (12 July 2023)

Court

Constitutional Court

Case number

CCT 127/22

Judges

Baqwa AJ, Kollapen J, Madlanga J, Majiedt J, Mathopo J, Mbatha AJ, Mhlantla J, Rogers J, Tshiqi J

The Constitutional Court refused SACE leave to appeal in a dispute over whether it properly investigated misconduct before referring a principal to discipline.

• Disciplinary Proceedings
• Procedural Fairness
• Investigation Requirements
• Professional Ethics
• Employment Of Educators Act
• Review Of Administrative Action

MEC for Education, KwaZulu-Natal v Singh (1188/2021)

MEC for Education, KwaZulu-Natal v Singh (1188/2021) [2023] ZASCA 92; [2023] 9 BLLR 863 (SCA); (2023) 44 ILJ 2447 (SCA) (9 June 2023)

Court

Supreme Court of Appeal

Case number

1188/2021

Judges

Ponnan, Meyer, Olsen

The Supreme Court of Appeal held that wrongfulness was not established in respect of the department's alleged omission to intervene in the workplace dispute between Ms Singh and the principal. The court found that the statutory and regulatory framework governing educators, including grievance and disciplinary procedures, provided adequate remedies for complaints of victimisation and psychiatric harm. Ms Singh failed to utilize these procedures, and her omission to do so precluded a finding of wrongfulness against the department. The employment relationship alone does not create a duty on the…

Source excerpt

• Wrongfulness Of Omission
• Constructive Dismissal
• Grievance Procedure
• Psychiatric Injury
• Employment Of Educators Act
• Liability For Psychological Harm