EMK v EMB (2024-094190; 2023-010767) [2025] ZAGPPHC 289 (18 March 2025)
Court
North Gauteng High Court, Pretoria
Case number
2024-094190; 2023-010767
Judge
P A Van Niekerk
The court held that both the plaintiff in the divorce matter and the applicant in the application failed to meet the evidentiary burden required to prove the existence of a valid customary marriage. The pleadings and affidavits lacked sufficient detail regarding the specific customs, traditions, and compliance with the requirements of the Recognition of Customary Marriages Act and the applicable customary law. Mere reference to a dowry letter or lobola negotiations, without corroborative evidence of the customs and usages of the relevant group of peoples, is insufficient. The court emphasised…
Minerals Operations Executive (Pty) Ltd ta Minopex v Commissioner for Conciliation Mediation and Arbitration and Others (Leave to Appeal) (JR759/21) [2025] ZALCJHB 3 (13 January 2025)
Court
Labour Court Johannesburg
Case number
JR 759/21
Judge
C Beckenstrater
The Labour Court granted condonation for late filing and leave to appeal, finding the delay explained and that another court could reach a different result.
University of Witwatersrand v Commission for Conciliation Mediation and Arbitration and Others (JR2963/19) [2024] ZALCJHB 444 (15 November 2024)
Court
Labour Court Johannesburg
Case number
JR2963/19
Judge
M Naidoo
The Labour Court upheld a review, finding the arbitrator mishandled the evidentiary burden and improperly led the employee’s evidence, then remitted the matter.
Hestony Transport (Pty) Ltd v Venter NO and Others (JR525/20) [2024] ZALCJHB 434 (13 November 2024)
Court
Labour Court Johannesburg
Case number
JR525/20
Judge
M Naidoo
The Labour Court dismissed a review of an award that found a truck driver’s dismissal for alleged brake damage was substantively unfair and ordered reinstatement.
Zenith Car Rental (Pty) Ltd t/a Avis Rent a Car and Budget Rent a Car (Avis Budget) v Commission For Conciliation Mediation and Arbitration and Others (C668/2022) [2024] ZALCCT 14 (30 September 2024)
Court
Labour Court Cape Town
Case number
C668/2022
Judge
C de Kock
The Labour Court dismissed a review of a CCMA award, finding the commissioner’s decision on unfair dismissal was reasonable on the evidence.
Minerals Operations Executive (Pty) Ltd t/a Minopex v Commission for Conciliation Mediation and Arbitration and Others (JR759/21) [2024] ZALCJHB 352 (4 September 2024)
Court
Labour Court Johannesburg
Case number
JR 759/21
Judge
Beckenstrater
The Labour Court reviewed and set aside a CCMA award after finding the commissioner wrongly rejected key witness evidence and made an unreasonable credibility finding.
Shackleton Credit Management (Pty) Ltd v Mogodi (17233/2022) [2024] ZAGPJHC 662 (16 July 2024)
Court
South Gauteng High Court, Johannesburg
Case number
17233/2022
Judge
F Bezuidenhout
The respondent failed to discharge the evidentiary burden to show that the provisional sequestration order should be resisted on bona fide and reasonable grounds. Her opposition was based solely on the pending rescission application, which was subsequently dismissed with costs, confirming the validity of the applicant's claim. The respondent's financial position, including the nulla bona return and inability to satisfy the judgment debt, supports the applicant's case for final sequestration. The requirements of the Insolvency Act have been met, and there is no reason to discharge the provisio…
M.S.H v J.S.H - Application for Leave to Appeal (8470/2021) [2023] ZAWCHC 345 (14 September 2023)
Court
Western Cape High Court, Cape Town
Case number
8470/2021
Judge
Maher
The court found that the applicant failed to establish reasonable prospects of success for leave to appeal. The grounds of appeal were unduly prolix, lacked clarity, and did not substantiate errors or misdirections. The applicant did not discharge the evidentiary burden to refute the contempt finding, providing only assertions and insufficient detail regarding his financial circumstances. The new ground raised at the hearing, concerning procedural fairness in submissions on sanction, was not included in the notice of application and prejudiced the respondent. The court held that the applicant…