South Africa Case Law

Ngishe v Sontundu and Others (380/2013)

Ngishe v Sontundu and Others (380/2013) [2014] ZAECMHC 20 (27 May 2014)

Court

Eastern Cape High Court, Mthatha

Case number

380/2013

Judge

Stretch

The court found that the applicant failed to establish locus standi and did not provide sufficient evidence or authority to bring the application. The founding papers lacked particularity and did not make out a prima facie case for the relief sought. The applicant did not demonstrate that he had exhausted domestic remedies, nor did he establish the requisites for a final interdict. Furthermore, unresolved prior litigation and the absence of full disclosure undermined the applicant's position. The application was incapable of resolution on the papers and was dismissed with costs.

Source excerpt

• Traditional Leadership
• Locus Standi
• Final Interdict
• Community Land Rights
• Exhaustion Of Domestic Remedies
• Prima Facie Case

Sibande v Department of Labour (Johannesburg Labour Centre) and Others (JR1232/06)

Sibande v Department of Labour (Johannesburg Labour Centre) and Others (JR1232/06) [2007] ZALCJHB 14 (26 April 2007)

Court

Labour Court Johannesburg

Case number

JR1232/06

Judge

Molahlehi AJ

The Labour Court dismissed an unopposed review of a UIF-related decision for lack of jurisdiction, holding that the applicant had not used the statutory appeal process.

• Jurisdiction Of Labour Court
• Unemployment Insurance Act Procedure
• Exhaustion Of Domestic Remedies
• Labour-court-jurisdiction
• Unemployment-insurance-act
• Exhaustion-of-remedies

Sibande v Department of Labour (Johannesburg Labour Centre) and Others (JR1232/06)

Sibande v Department of Labour (Johannesburg Labour Centre) and Others (JR1232/06) [2007] ZALC 30; (2007) 28 ILJ 2049 (LC) (26 April 2007)

Court

Labour Court

Case number

JR1232/06

Judge

Molahlehi

The Labour Court lacks jurisdiction to review the decision of an official of the Department of Labour under section 145 of the Labour Relations Act, as the decision challenged is not an arbitration award issued by the Commission. The applicant failed to exhaust the internal remedies provided by the Unemployment Insurance Act, specifically the appeal procedures set out in section 37. The principle of exhaustion of domestic remedies is well established in South African law and applies to this case. Even if the application were brought under another provision of the Labour Relations Act, the cou…

Source excerpt

• Jurisdiction Of Labour Court
• Unemployment Insurance Act
• Exhaustion Of Domestic Remedies
• Review Of Administrative Decisions

Presiding Bishop of the Methodist Church of Southern Africa and Others v Mtongana and Others (A 76/06)

Presiding Bishop of the Methodist Church of Southern Africa and Others v Mtongana and Others (A 76/06) [2006] ZAECHC 119; 2008 (6) SA 69 (Tk); (15 September 2006)

Court

High Courts - Eastern Cape

Case number

A 76/06

Judges

Chetty, Ebrahim, Schoeman

The court held that a Methodist Church dispute over a ministerial appointment had to go through internal arbitration before litigation could proceed.

• Exhaustion Of Domestic Remedies
• Arbitration Award Enforcement
• Church Governance Disputes
• Exhaustion-of-domestic-remedies
• Arbitration
• Church-governance

Van Zyl v SFF Association (J2533/98)

Van Zyl v SFF Association (J2533/98) [1998] ZALC 66 (15 September 1998)

Court

Labour Court

Case number

J2533/98

Judge

R M M Zondo

The Labour Court dismissed an urgent interdict application to stop a disciplinary inquiry, holding that it lacked jurisdiction to intervene.

• Jurisdiction Of Labour Court
• Disciplinary Enquiry
• Urgent Interdict
• Exhaustion Of Domestic Remedies
• Labour-court-jurisdiction
• Disciplinary-enquiry