South Africa Case Law

Mavundla v Gotcha Security Services (Pty) Ltd (CCT 170/24)

Mavundla v Gotcha Security Services (Pty) Ltd (CCT 170/24) [2025] ZACC 11 (18 June 2025)

Court

Constitutional Court

Case number

CCT 170/24

Judges

Maya, Madlanga, Dambuza, Goosen, Kollapen, Majiedt, Mhlantla, Opperman, Rogers, Theron, Tshiqi

The Constitutional Court held that the Labour Court misapplied the principles governing enforcement orders and reinstatement. The enforcement order issued by Moshoana J did not replace or extinguish the original arbitration award's effect, nor did it constitute a compromise or waiver of the applicant's entitlement to arrear remuneration. The applicant's contract of employment was restored from 1 August 2019, as per the arbitration award, and the subsequent enforcement order merely set a new date for factual reinstatement without altering the contractual restoration date. The applicant was the…

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• Reinstatement
• Arrear Remuneration
• Enforcement Of Arbitration Award
• Compromise And Waiver
• Fair Labour Practices

MEC Health Limpopo Head of Department of Health v Makgoba Others (JA121/2022)

MEC Health Limpopo Head of Department of Health v Makgoba Others (JA121/2022) [2025] ZALAC 33 (4 June 2025)

Court

Labour Appeal Court

Case number

JA121/2022

Judges

Van Niekerk, Nkutha-Nkontwana, Basson

The Labour Court erred in granting declaratory relief declaring the employer's failure to implement clause 18.1 of the collective agreement unlawful. The Labour Relations Act provides specific mechanisms for enforcing collective agreements and arbitration awards, and does not empower the Labour Court to make general declarations of unlawfulness in such circumstances. Unfair labour practice disputes must be referred to arbitration, not adjudicated by the Labour Court. The respondents did not plead a contractual claim under section 77(3) of the Basic Conditions of Employment Act, and thus the L…

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• Enforcement Of Arbitration Award
• Collective Agreement
• Jurisdiction Of Labour Court
• Unfair Labour Practice
• Declaratory Relief

PSA obo Shanmugam and Others v Minister of Labour and Another (JR1679/23)

PSA obo Shanmugam and Others v Minister of Labour and Another (JR1679/23) [2025] ZALCJHB 199 (28 May 2025)

Court

Labour Court Johannesburg

Case number

JR1679/23

Judge

Mkwibiso

The Labour Court dismissed a contempt application, finding the applicants failed to prove non-compliance with a court order despite a settlement award and placement dispute.

• Contempt Of Court
• Settlement Agreement
• Section 197 Transfer
• Enforcement Of Arbitration Award
• Burden Of Proof
• Contempt-of-court

NEWUYA obo Modisane v Gap Management and Another (J1575/23)

NEWUYA obo Modisane v Gap Management and Another (J1575/23) [2025] ZALCJHB 170 (6 May 2025)

Court

Labour Court Johannesburg

Case number

J1575/23

Judge

H Molotsi

The court found that although the CCMA arbitration award ordered reinstatement and backpay, the parties subsequently entered into a voluntary separation agreement, which was tacitly accepted and acted upon by both sides. Payments were made in accordance with the agreement, and the applicant's purported withdrawal from the agreement was not valid in law, as unilateral withdrawal without court intervention is ineffective. The respondents discharged their evidentiary burden by showing reasonable doubt regarding non-compliance with the arbitration award, as the settlement agreement replaced the a…

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• Contempt Of Court
• Enforcement Of Arbitration Award
• Mutual Separation Agreement
• Unfair Dismissal

National Prosecuting Authority v Taku and Others (2025/047062)

National Prosecuting Authority v Taku and Others (2025/047062) [2025] ZALCD 14 (10 April 2025)

Court

Labour Court Durban

Case number

2025/047062

Judge

NZM Lallie

The court found that urgency was justified due to the attachment of funds essential for witness protection and the prosecution of criminal cases. Applying the Plascon-Evans rule, the respondent's version was accepted in the absence of a replying affidavit. The review application was deemed withdrawn as the applicant failed to file the record within the prescribed period, and thus no review was pending. The writ could not be stayed pending a non-existent review application. The court held that the first respondent followed an incorrect procedure by seeking to enforce the reinstatement award th…

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• Enforcement Of Arbitration Award
• Urgency In Motion Proceedings
• State Liability Act
• Reinstatement And Back Pay
• Stay Of Execution

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

OR Tambo District Municipality and Another v Mbewu (Leave to Appeal) (3208/2024) [2025] ZAECMHC 16 (13 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3208/2024

Judge

A.S. Zono

The High Court granted leave to appeal, finding arguable prospects concerning the alleged nullity of an arbitration award, employment terms, salary, and costs.

• Enforcement Of Arbitration Award
• Jurisdiction Of Labour Court
• Contract Of Employment
• Leave To Appeal
• Costs Order
• Leave-to-appeal

Van Den Heever v Makgakantshe Mining Commodities (Pty) Ltd and Others (JR2609/22)

Van Den Heever v Makgakantshe Mining Commodities (Pty) Ltd and Others (JR2609/22) [2025] ZALCJHB 7; (2025) 46 ILJ 1278 (LC) (16 January 2025)

Court

Labour Court Johannesburg

Case number

JR2609/22

Judge

C Orr

The Labour Court postponed an application to amend a CCMA enforcement order, held the CCMA was a necessary party, and joined it as fourth respondent.

• Joinder Of Parties
• Enforcement Of Arbitration Award
• Incorporeal Property Attachment
• Certification Of Award
• Ccma Jurisdiction
• Joinder-of-parties

Raubenheimer v Commission For Conciliation Mediation and Arbitration and Others (J424/24)

Raubenheimer v Commission For Conciliation Mediation and Arbitration and Others (J424/24) [2024] ZALCJHB 340 (21 August 2024)

Court

Labour Court Johannesburg

Case number

J424/24

Judge

Ford

The court held that a reinstatement application to revive a withdrawn review does not suspend the enforcement of a certified arbitration award under the LRA. Only the posting of security or a properly prosecuted stay application can suspend enforcement. The respondents failed to provide any justifiable reason for non-compliance with the award, and their reliance on the pending reinstatement application was not recognized by the LRA as a valid basis to oppose contempt proceedings. The applicant proved the existence of the order and the respondents' knowledge thereof. In the absence of bona fid…

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• Contempt Of Court
• Enforcement Of Arbitration Award
• Stay Of Enforcement
• Reinstatement Application
• Review Proceedings
• Remedies For Non Compliance

DHL Project & Chartering Ltd v MV "Shandong Hai Chang" (A10/2020)

DHL Project & Chartering Ltd v MV "Shandong Hai Chang" (A10/2020) [2022] ZAKZDHC 24 (30 May 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

A10/2020

Judge

D Pillay

Admiralty action in rem over an associated-ship arrest failed after the court held that SIS, not SASAC, controlled Tonkolili when the claim arose.

• Associated Ship Arrest
• Control Of State Owned Enterprises
• Foreign Law Evidence
• Enforcement Of Arbitration Award
• Associated-ship-arrest
• Admiralty-law

Ruselo v Sutherland Transport and Others (PA3/20)

Ruselo v Sutherland Transport and Others (PA3/20) [2022] ZALAC 1; [2022] 4 BLLR 347 (LAC); (2022) 43 ILJ 1320 (LAC) (18 January 2022)

Court

Labour Appeal Court

Case number

PA3/20

Judges

Waglay, Coppin, Kubushi

The Labour Appeal Court upheld enforcement of an arbitration award entered under a trade name, holding the award binding on the Sutherland Employment Trust and its trustees.

• Section 158 1 C Lra
• Joinder And Substitution
• Trade Name Citation
• Enforcement Of Arbitration Award
• Trade-name-citation
• Arbitration-award-enforcement