South Africa Case Law

S v Nkumanda (CA&R45/2023)

S v Nkumanda (CA&R45/2023) [2024] ZAECMKHC 31 (19 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R45/2023

Judges

N G Beshe, M S Rugunanan

The trial of the applicant in the Regional Court was not properly constituted as it was conducted without assessors, contrary to the peremptory requirements of Section 93ter(1) of the Magistrates' Court Act. The applicant did not elect for the trial to proceed without assessors, and the absence of assessors constituted a material irregularity. The applicant provided a satisfactory explanation for the delay in bringing the review application, having acted promptly upon becoming aware of the irregularity. Accordingly, condonation for the late institution of proceedings was granted, and the conv…

Source excerpt

• Irregularity In Trial
• Failure To Comply With Statutory Requirements
• Condonation For Late Application
• Constitution Of Court

Western Cape Workers Association v Minister of Labour (C22/2005)

Western Cape Workers Association v Minister of Labour (C22/2005) [2005] ZALC 80; [2006] 1 BLLR 79 (LC); (2005) 26 ILJ 2221 (LC) (10 June 2005)

Court

Labour Court

Case number

C22/2005

Judge

Pillay D

The Labour Court dismissed an appeal against deregistration of a trade union, holding that the applicant had long failed to meet LRA reporting and record-keeping duties.

• Trade Union Deregistration
• Failure To Comply With Statutory Requirements
• Appeal Procedure Under Lra
• Application Of Paja
• Costs Order Against Union Official
• Trade-union-deregistration