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South Africa decisions
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O'Hara v Parliament of South Africa and Another (C 2024-125867) [2024] ZALCCT 71 (2 December 2024)
The Labour Court dismissed an urgent review of a disciplinary chairperson’s refusal to recuse himself, finding no grave injustice or exceptional grounds for intervention.
CCD Couriers (Pty) Ltd v Matona and Others (J1072/14) [2014] ZALCJHB 222 (20 May 2014)
The court held that the applicant had not established exceptional circumstances justifying intervention in the incomplete arbitration proceedings. The Labour Appeal Court has confirmed that employees may be represented by fellow employees in arbitration, and the relevant rules do not prohibit such representation in jointly referred disputes. Routine intervention in arbitration would undermine the informal and expeditious nature of labour dispute resolution. The applicant's review application had little prospect of success, and there was no manifestly unlawful act by the arbitrator. Accordingl…
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du Toit v Sonnenberg NO and Another (10831/2010) [2012] ZAWCHC 219 (21 September 2012)
The court held that intervention by way of review in incomplete criminal proceedings is only justified in rare and exceptional circumstances where grave injustice might otherwise result or where justice cannot be attained by other means. The applicant's fear of incarceration, whether real or perceived, does not constitute such an exceptional circumstance, especially considering the availability of bail after sentence and the fact that the applicant's complaints are directed more at the result of the proceedings than at procedural irregularities. The application was found to be premature, and…
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