South Africa Case Law

Ramabele v Head of Department: Free State Provincial Department of Education and Others (CA16/2019)

Ramabele v Head of Department: Free State Provincial Department of Education and Others (CA16/2019) [2021] ZALCCT 51 (3 August 2021)

Court

Labour Court Cape Town

Case number

CA16/2019

Judges

Waglay, Coppin, Savage

The majority found that the incomplete record of the arbitration proceedings prevented a proper determination of the reasonableness of the arbitrator's award. The arbitrator inconsistently treated similar evidence and failed to adequately explain credibility findings and the rejection of certain documents. The Labour Court was correct to remit the issue of sanction, but the entire matter should have been remitted for a re-hearing before a different arbitrator. The appeal was upheld, the Labour Court's order set aside, and the matter referred back to the Education Labour Relations Council for…

Source excerpt

• Unfair Dismissal
• Dishonesty In Employment
• Arbitration Review
• Evidentiary Requirements
• School Funds Management

Visagie v S (CA82/2019)

Visagie v S (CA82/2019) [2020] ZANWHC 19 (12 March 2020)

Court

North West High Court, Mafikeng

Case number

CA82/2019

Judges

Hendricks, Nonyane

The High Court upheld a criminal appeal, holding that there was no evidence linking the appellant to the theft and setting aside the conviction and sentence.

• Theft
• Section 174 Discharge
• Evidentiary Requirements
• Prima Facie Evidence
• Criminal-appeal
• Section-174-discharge

National Union Of Metalworkers Of South Africa and Another v Tokiso Dispute Settlement and Others (JR2049/09)

National Union Of Metalworkers Of South Africa and Another v Tokiso Dispute Settlement and Others (JR2049/09) [2014] ZALCJHB 213 (17 June 2014)

Court

Labour Court Johannesburg

Case number

JR2049/09

Judge

R Lagrange

Review application dismissed. The court held that section 33 of the Arbitration Act sets narrow review grounds and does not permit review for mere unreasonableness.

• Arbitration Act Review
• Unfair Dismissal
• Procedural Fairness
• Evidentiary Requirements
• Arbitration-act-review
• Labour-law

Mafuya v Lizwe (15290/12)

Mafuya v Lizwe (15290/12) [2013] ZAWCHC 133 (10 September 2013)

Court

Western Cape High Court, Cape Town

Case number

15290/12

Judge

N P Boqwana

The applicant failed to provide sufficient expert evidence to prove that the deceased lacked mental capacity to marry at the relevant time. The respondent's version, supported by the absence of a replying affidavit and the application of the Plascon-Evans rule, must be accepted. The applicant's credibility is further undermined by her contradictory stance in previous proceedings regarding the deceased's mental capacity. The evidence presented, including letters from non-experts and the lack of affidavits from witnesses to the marriage, is insufficient to support the relief sought. Accordingly…

Source excerpt

• Mental Capacity To Marry
• Nullity Of Marriage
• Motion Proceedings
• Evidentiary Requirements

Gage Specialists (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 1266/08)

Gage Specialists (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 1266/08) [2010] ZALC 201; (2011) 32 ILJ 1361 (LC) (22 December 2010)

Court

Labour Court

Case number

JR 1266/08

Judge

Coetzee

The Labour Court reviewed and set aside an arbitration award after finding that, on the record, no evidence proved a dismissal had occurred.

• Arbitration Award Review
• Unfair Dismissal
• Procedural Fairness
• Evidentiary Requirements
• Arbitration-award-review
• Unfair-dismissal

National Director of Public Prosecutions v Kochnelbantjes & Partners (Pty) Ltd and Others (34767/08)

National Director of Public Prosecutions v Kochnelbantjes & Partners (Pty) Ltd and Others (34767/08) [2008] ZAGPHC 303 (26 August 2008)

Court

High Courts - Gauteng

Case number

34767/08

Judge

WJ Harzenberg

The High Court set aside an ex parte asset preservation order under POCA after finding the quantification evidence speculative and inadequately disclosed.

• Asset Preservation Order
• Prevention Of Organised Crime Act
• Evidentiary Requirements
• Reconsideration Of Ex Parte Orders
• Asset-preservation-order
• Prevention-of-organised-crime-act

Kekana v Road Accident Fund (21056/04)

Kekana v Road Accident Fund (21056/04) [2005] ZAGPHC 8 (6 January 2005)

Court

High Courts - Gauteng

Case number

21056/04

Judge

JCW van Rooyen

The court refused default judgment in a Road Accident Fund damages claim, holding that liability for negligence could not be found without evidence.

• Default Judgment
• Separation Of Merits And Quantum
• Negligence
• Motor Vehicle Accident
• Rule 31 2 A
• Evidentiary Requirements

S v Segomotso (206/04)

S v Segomotso (206/04) [2004] ZANWHC 44 (23 December 2004)

Court

North West High Court, Mafikeng

Case number

206/04

Judge

R D Mokgoatlheng

On review, the High Court set aside a housebreaking and theft conviction for lack of evidence linking the accused to the break-in and substituted receiving stolen property.

• Housebreaking
• Theft
• Receiving Stolen Property
• Evidentiary Requirements
• Receiving-stolen-property
• Criminal-review

Keppler and others v Department of Land Affairs (LCC116/98)

Keppler and others v Department of Land Affairs (LCC116/98) [2003] ZALCC 16 (1 July 2003)

Court

Land Claims Court

Case number

LCC 116/98

Judge

A Gildenhuys

The Land Claims Court awarded R43,300 compensation to Nora Keppler for dispossession of Lot 87, The Highlands, after the parties agreed on payment.

• Restitution Of Land Rights Act
• Compensation For Dispossession
• Evidentiary Requirements
• Land-restitution
• Compensation-for-dispossession
• Evidence-in-restoration-claims