Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
7 court collections
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2024] ZANWHC 12

Sejake v Ratlou Local Municipality and Another (UM161/2023)

Sejake v Ratlou Local Municipality and Another (UM161/2023) [2024] ZANWHC 12; - (18 January 2024)

The High Court held that an application for leave to appeal suspended execution of an earlier judgment under section 18(1) of the Superior Courts Act, and granted urgent relief and punitive costs.

  • Suspension Of Judgment Pending Appeal
  • Section 18 Superior Courts Act
  • Urgent Interdict
  • Employment Termination
  • Costs Punitive Scale
  • Suspension-of-judgment-pending-appeal
Read case analysis
Commercial And Corporate [2022] ZAGPJHC 20

Moyo v Old Mutual Ltd and Others (34004/19)

Moyo v Old Mutual Ltd and Others (34004/19) [2022] ZAGPJHC 20; [2022] 4 BLLR 371 (GJ) (31 January 2022)

The court found that Mr Moyo's suspension and termination were lawful and in accordance with the employment contract, which permitted termination on notice without fault. The evidence showed that Mr Moyo benefitted personally from the declaration of ordinary dividends by NMT Capital before preference dividends were paid to Old Mutual, in breach of the relevant agreements. The court held that Old Mutual was entitled to act as it did, and that Mr Moyo was not victimised for making protected disclosures, as there was no objectively reasonable basis for his whistleblowing claims. The alleged defa…

  • Employment Termination
  • Protected Disclosure
  • Conflict Of Interest
  • Defamation
  • Res Judicata
  • Contractual Duties
Read case analysis
Civil Procedure [2021] ZALMPPHC 82

Kgoete v Member of the Executive Department of Health, Limpopo Province and Others (4129/2021)

Kgoete v Member of the Executive Department of Health, Limpopo Province and Others (4129/2021) [2021] ZALMPPHC 82 (15 November 2021)

The applicant failed to establish that the respondents were in contempt of the court order dated 25 June 2021. The order merely set aside the termination of the applicant's employment contract and did not direct the respondents to allow the applicant to resume duties or to pay his salary. The applicant's attempt to enforce specific performance through contempt proceedings was misplaced, as the consequences sought flow from the employment agreement and not from the court order itself. The respondents' refusal to allow the applicant to resume duties and pay salary does not constitute contempt o…

  • Contempt Of Court
  • Specific Performance
  • Employment Termination
  • State Liability
Read case analysis
Labour Law [2021] ZALCJHB 292

Mokoena v Member of the Executive Council for Education: Gauteng and Another (J1539/18)

Mokoena v Member of the Executive Council for Education: Gauteng and Another (J1539/18) [2021] ZALCJHB 292 (22 September 2021)

The Labour Court dismissed an application for leave to appeal after finding non-compliance with procedural rules and no reasonable prospects of success.

  • Leave To Appeal
  • Condonation
  • Employment Termination
  • Educators Act
  • Late Filing
  • Leave-to-appeal
Read case analysis
Commercial And Corporate [2021] ZAECPEHC 19

LLP Investments (Pty) Ltd t/a Microcare v de Lange (2474/20)

LLP Investments (Pty) Ltd t/a Microcare v de Lange (2474/20) [2021] ZAECPEHC 19 (23 March 2021)

The court found that the application was not urgent, as any urgency was self-created by the applicant's delay in launching proceedings. Even if urgency existed, the matter involved material disputes of fact of a highly technical nature that could not be resolved on the papers without expert evidence. The court further held that specific performance was not appropriate given the poor relationship between the parties, the impracticality of policing compliance, and the likelihood of further disputes. The applicant failed to establish a clear breach by the respondent, and the relief sought was no…

  • Specific Performance
  • Settlement Agreement
  • Employment Termination
  • Disputes Of Fact
Read case analysis
Labour Law [2021] ZAGPJHC 42

Trisk v Exclusive Books Group (Pty) Ltd (17766/2020)

Trisk v Exclusive Books Group (Pty) Ltd (17766/2020) [2021] ZAGPJHC 42 (12 March 2021)

The High Court held that a settlement payment to a former CEO was remuneration, not a severance benefit, so the employer was not obliged to obtain a different tax directive.

  • Settlement Agreement
  • Tax Directive
  • Severance Benefit
  • Remuneration
  • Income Tax Act
  • Employment Termination
Read case analysis
Labour Law [2020] ZALCJHB 193

Mathebula v Marula Platinum (Pty) Ltd (J2626/18)

Mathebula v Marula Platinum (Pty) Ltd (J2626/18) [2020] ZALCJHB 193 (25 August 2020)

The court found that the settlement agreement was conditional on the employer's discretion to employ the applicant's son and did not create an enforceable obligation. The respondent had complied with the agreement by placing the son on the waiting list, and there was no evidence of a relevant vacancy or breach. The applicant's attempt to enforce the agreement was ill-considered, especially after failing at the CCMA. The court held that such conditional agreements cannot be made orders of court under section 158(1)(c) of the LRA, as they do not provide clear, unequivocal obligations capable of…

  • Settlement Agreement Enforcement
  • Section 158 1 C Lra
  • Conditional Obligations
  • Employment Termination
  • Ccma Dispute Resolution
Read case analysis
Civil Procedure [2018] ZAGPPHC 407

Simelani v Minister of Defence and Others (62987/17)

Simelani v Minister of Defence and Others (62987/17) [2018] ZAGPPHC 407 (10 May 2018)

The court upheld res judicata and lis pendens objections to an application to enforce a lapsed interim interdict and postponed the remaining prayers sine die.

  • Res Judicata
  • Lis Pendens
  • Interim Interdicts
  • Defence Act
  • Employment Termination
  • Res-judicata
Read case analysis
Civil Procedure [2016] ZANCHC 20

Katshega Engineering Services CC v Relane (1030/16)

Katshega Engineering Services CC v Relane (1030/16) [2016] ZANCHC 20 (24 June 2016)

The High Court ordered a former employee to return a company vehicle and tools, rejecting his claim of lien or retention over the assets.

  • Rei Vindicatio
  • Right Of Retention
  • Lien
  • Employment Termination
  • Possession Of Company Property
  • Rei-vindicatio
Read case analysis
Labour Law [2015] ZAGPPHC 87

Bafokeng Rasimone Management Services (Pty) Ltd v Van Wyk (87403/2014)

Bafokeng Rasimone Management Services (Pty) Ltd v Van Wyk (87403/2014) [2015] ZAGPPHC 87 (26 February 2015)

Summary judgment was granted for repayment under a retention bonus agreement after the respondent’s employment ended for misconduct.

  • Summary Judgment
  • Employment Termination
  • Contractual Liability
  • Retention Bonus Agreement
  • Summary-judgment
  • Employment-termination
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.