South Africa Case Law

National Union of Metalworkers of South Africa obo Members v Reagetswe Trading 125 CC and Others (J835/21)

National Union of Metalworkers of South Africa obo Members v Reagetswe Trading 125 CC and Others (J835/21) [2021] ZALCJHB 266 (28 August 2021)

Court

Labour Court Johannesburg

Case number

J835/21

Judge

Tlhotlhalemaje

NUMSA sought urgent interdictory and declaratory relief over alleged coercion to sign AMCU forms and pledges, but the Labour Court dismissed the application for lack of jurisdiction and no clear right.

• Collective Agreements
• Closed Shop Agreements
• Jurisdiction Of Labour Court
• Final Interdict
• Section 4 And 5 Lra
• Enforcement Of Rights

Govender v Bryanston Executive Cars (GCC 08/2020)

Govender v Bryanston Executive Cars (GCC 08/2020) [2020] ZACONAF 6 (14 December 2020)

Court

Consumer Affairs Court

Case number

GCC 08/2020

Judges

M A du Plessis, M Phukubje, P Samuels

The court found that section 69 of the Consumer Protection Act provides alternative remedies for consumers, including referral to an industry ombud, a consumer court, or the National Consumer Commission. These remedies are alternatives, not sequential steps. The Plaintiff had already referred the dispute to the Motor Industry Ombudsman, who ruled in his favour. As such, the Plaintiff could not approach the Consumer Affairs Court for the same relief, as the court lacked jurisdiction to re-adjudicate a matter already decided by an accredited ombud. The court relied on the interpretation of sect…

Source excerpt

• Consumer Protection Act
• Enforcement Of Rights
• Alternative Dispute Resolution
• Exhaustion Of Remedies