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South Africa Case Law

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Labour Law [2025] ZALCJHB 217

Harold v Matloga N.O and Others (JR 95/21)

Harold v Matloga N.O and Others (JR 95/21) [2025] ZALCJHB 217 (9 June 2025)

Review dismissed: the Labour Court upheld a CCMA award finding the applicant’s dismissal for absenteeism substantively fair.

  • Unfair Dismissal
  • Arbitration Review
  • Substantive Fairness
  • Covid19 Regulations
  • Evidentiary Burden
  • Unfair-dismissal
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Family And Children [2025] ZAGPPHC 289

EMK v EMB (2024-094190; 2023-010767)

EMK v EMB (2024-094190; 2023-010767) [2025] ZAGPPHC 289 (18 March 2025)

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…

  • Customary Marriage
  • Recognition Of Customary Marriages Act
  • Evidentiary Burden
  • Pleading Requirements
  • Registration Of Customary Marriage
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Labour Law [2025] ZALCJHB 3

Minerals Operations Executive (Pty) Ltd ta Minopex v Commissioner for Conciliation Mediation and Arbitration and Others (Leave to Appeal) (JR759/21)

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)

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.

  • Condonation For Late Filing
  • Leave To Appeal
  • Review Of Arbitration Award
  • Peremption
  • Evidentiary Burden
  • Condonation
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Labour Law [2024] ZALCJHB 444

University of Witwatersrand v Commission for Conciliation Mediation and Arbitration and Others (JR2963/19)

University of Witwatersrand v Commission for Conciliation Mediation and Arbitration and Others (JR2963/19) [2024] ZALCJHB 444 (15 November 2024)

The Labour Court upheld a review, finding the arbitrator mishandled the evidentiary burden and improperly led the employee’s evidence, then remitted the matter.

  • Unfair Dismissal
  • Arbitration Review
  • Evidentiary Burden
  • Procedural Irregularity
  • Labour-law
  • Dismissal
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Labour Law [2024] ZALCJHB 434

Hestony Transport (Pty) Ltd v Venter NO and Others (JR525/20)

Hestony Transport (Pty) Ltd v Venter NO and Others (JR525/20) [2024] ZALCJHB 434 (13 November 2024)

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.

  • Unfair Dismissal
  • Gross Negligence
  • Reinstatement
  • Review Of Arbitration Award
  • Evidentiary Burden
  • Labour-law
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Labour Law [2024] ZALCCT 14

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)

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)

The Labour Court dismissed a review of a CCMA award, finding the commissioner’s decision on unfair dismissal was reasonable on the evidence.

  • Unfair Dismissal
  • Arbitration Review
  • Evidentiary Burden
  • Sanction Consistency
  • Unfair-dismissal
  • Ccma-review
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Labour Law [2024] ZALCJHB 352

Minerals Operations Executive (Pty) Ltd t/a Minopex v Commission for Conciliation Mediation and Arbitration and Others (JR759/21)

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)

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.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Credibility Assessment
  • Evidentiary Burden
  • Remittal For Rehearing
  • Unfair-dismissal
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Civil Procedure [2024] ZAGPJHC 662

Shackleton Credit Management (Pty) Ltd v Mogodi (17233/2022)

Shackleton Credit Management (Pty) Ltd v Mogodi (17233/2022) [2024] ZAGPJHC 662 (16 July 2024)

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…

  • Final Sequestration
  • Act Of Insolvency
  • Advantage To Creditors
  • Evidentiary Burden
  • Default Judgment
  • Rescission Application
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Labour Law [2024] ZALCJHB 75

NUMSA obo Mapomav v Videx Mining Products (Pty) Ltd (JR2341-19)

NUMSA obo Mapomav v Videx Mining Products (Pty) Ltd (JR2341-19) [2024] ZALCJHB 75 (21 February 2024)

Labour Court review dismissed after finding no inconsistency in discipline and that dismissal was substantively fair for workplace assault.

  • Substantive Fairness Of Dismissal
  • Workplace Assault
  • Disciplinary Inconsistency
  • Evidentiary Burden
  • Sanction Appropriateness
  • Labour-law
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Civil Procedure [2023] ZAWCHC 345

M.S.H v J.S.H - Application for Leave to Appeal (8470/2021)

M.S.H v J.S.H - Application for Leave to Appeal (8470/2021) [2023] ZAWCHC 345 (14 September 2023)

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…

  • Leave To Appeal
  • Contempt Of Court
  • Maintenance Order
  • Evidentiary Burden
  • Costs Award
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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.