South Africa Case Law

Dwarsrivirer Chrome Mine Proprietary Limited v AMCU obo Tau and Others (JR112/2021)

Dwarsrivirer Chrome Mine Proprietary Limited v AMCU obo Tau and Others (JR112/2021) [2025] ZALCJHB 74 (28 February 2025)

Court

Labour Court Johannesburg

Case number

JR112/2021

Judge

R Itzkin

The Labour Court dismissed a review of an arbitration award finding a dismissal substantively unfair, holding the Commissioner’s credibility finding was reasonably open on the evidence.

• Unfair Dismissal
• Arbitration Review
• Substantive Fairness
• Mine Health And Safety
• Evidentiary Weight
• Labour-law

Abrahams v Commission for Conciliation, Mediation & Arbitration and Others (C426/2020)

Abrahams v Commission for Conciliation, Mediation & Arbitration and Others (C426/2020) [2024] ZALCCT 16 (30 April 2024)

Court

Labour Court Cape Town

Case number

C426/2020

Judge

Lagrange

The Labour Court refused leave to appeal against dismissal of a review of an unfair-dismissal arbitration award, finding no reasonable prospects of success.

• Unfair Dismissal
• Review Of Arbitration Award
• Leave To Appeal
• Evidentiary Weight
• Leave-to-appeal
• Review-of-arbitration-award

SASOL Synfuels (Pty) Ltd v Commissioner Ceda N.O and Others (JR2006/18)

SASOL Synfuels (Pty) Ltd v Commissioner Ceda N.O and Others (JR2006/18) [2022] ZALCJHB 122 (23 May 2022)

Court

Labour Court Johannesburg

Case number

JR2006/18

Judge

FI Baloyi

The court found that the commissioner’s decision was reasonable and fell within the range of decisions a reasonable decision maker could reach. The evidence established that the inspector was not present on 25 September 2016, and thus Mofokeng could not have boxed up the nozzles before inspection. The applicant’s witnesses conceded key facts, and the respondent’s version was corroborated and not rebutted. The commissioner correctly assessed the probabilities and credibility of the witnesses, and the applicant failed to prove that the award was unreasonable. Accordingly, the application to rev…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Substantive Fairness
• Evidentiary Weight
• Labour Relations Act

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (D1488/18)

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (D1488/18) [2022] ZALCD 11 (12 May 2022)

Court

Labour Court Durban

Case number

D1488/18

Judge

Whitcher

The Labour Court dismissed a review against an arbitration award finding a police officer’s dismissal substantively unfair, holding the award was reasonable.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Consistency Of Disciplinary Sanctions
• Evidentiary Weight
• Misconduct In Employment
• Review-of-arbitration-award

Power Plant Hire CC v Commissioner for Conciliation, Mediation and Arbitration and Others (JR95/16)

Power Plant Hire CC v Commissioner for Conciliation, Mediation and Arbitration and Others (JR95/16) [2017] ZALCJHB 433 (24 November 2017)

Court

Labour Court Johannesburg

Case number

JR 95/16

Judge

Lagrange

The Labour Court reviewed and set aside an arbitration award, finding the commissioner selectively weighed evidence and wrongly upheld an unfair dismissal finding.

• Unfair Dismissal
• Review Of Arbitration Award
• Substantive Fairness
• Evidentiary Weight
• Unfair-dismissal
• Review-of-arbitration-award

Manyathela v S (A215/2016)

Manyathela v S (A215/2016) [2016] ZAGPPHC 1025 (13 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

A215/2016

Judges

C Pretorius, R G Tolmay, N B Tuchten

Appeal against conviction dismissed after the court upheld the admissibility of the appellant’s magistrate-made statement following a trial-within-a-trial.

• Admissibility Of Confession
• Trial Within A Trial
• Voluntariness Of Statement
• Cross Examination
• Evidentiary Weight
• Criminal-law

Shoprite Checkers (Pty) Ltd v CCMA and Others (JR1484/12)

Shoprite Checkers (Pty) Ltd v CCMA and Others (JR1484/12) [2014] ZALCJHB 130 (22 April 2014)

Court

Labour Court Johannesburg

Case number

JR1484/12

Judge

Steenkamp

The commissioner erred in rejecting the evidence of Mariba and Lithole solely because they were single witnesses and failed to properly weigh the conflicting versions and probabilities. This failure resulted in an unreasonable award, as material evidence was ignored and the factual disputes were not resolved in accordance with established legal principles. The defect is reviewable, but the interests of justice require that the matter be remitted for a fresh arbitration before a different commissioner, rather than substituted by the court.

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Misconduct
• Evidentiary Weight
• Company Policy Breach

Bokolo v S (483/12)

Bokolo v S (483/12) [2013] ZASCA 115; 2014 (1) SACR 66 (SCA) (18 September 2013)

Court

Supreme Court of Appeal

Case number

483/12

Judges

Malan, Theron, Majiedt, Van der Merwe, Zondi

The Supreme Court of Appeal set aside a rape conviction after finding the DNA evidence unreliable and the probabilities pointed to the appellant’s innocence.

• Dna Evidence
• Rape
• Evidentiary Weight
• Expert Evidence
• Reasonable Doubt
• Dna-evidence

Olivier v S (318/09)

Olivier v S (318/09) [2010] ZASCA 48; 2010 (2) SACR 178 (SCA) ; [2010] 4 All SA 503 (SCA) (31 March 2010)

Court

Supreme Court of Appeal

Case number

318/09

Judges

Nugent, Griesel, Majiedt

The Supreme Court of Appeal held that disputed ex parte sentencing submissions are not proved facts and confirmed a seven-year fraud sentence.

• Sentencing Principles
• Fraud
• Evidentiary Weight
• Fair Trial Rights
• Mitigating And Aggravating Factors
• Criminal-sentencing

S v Komane (A1114/09, 1664, 18/200 (Makweng), A354/2008)

S v Komane (A1114/09, 1664, 18/200 (Makweng), A354/2008) [2009] ZAGPPHC 363 (8 December 2009)

Court

North Gauteng High Court, Pretoria

Case number

A114/09

Judges

C.P. Rabie, G. Webster

Review of a conviction for possession of knives. The High Court found the accused had a reasonable explanation for possession and set aside the conviction and sentence.

• Possession Of Dangerous Weapon
• Criminal Procedure Review
• Reasonable Explanation
• Conviction And Sentence
• Evidentiary Weight
• Criminal-law