South Africa Case Law

Subaru Pretoria (Pty) Ltd v Motor Industry Bargaining Council (MIBCO) and Others (JR2068/2010)

Subaru Pretoria (Pty) Ltd v Motor Industry Bargaining Council (MIBCO) and Others (JR2068/2010) [2013] ZALCJHB 346; (2014) 35 ILJ 1080 (LC) (16 August 2013)

Court

Labour Court Johannesburg

Case number

JR2068/2010

Judge

AC Basson

The Labour Court found that MIBCO's decision to cancel the exemption and the Appeals Board's dismissal of the appeal were not unreasonable or arbitrary. MIBCO had a rational policy, supported by detailed criteria, that retirement annuities do not provide benefits equal to those of industry retirement funds. The exemption was granted in error, and upon discovery, MIBCO acted within its discretion to withdraw it. The applicant was informed of the reasons for the withdrawal and had the opportunity to address the policy concerns on appeal. There was no evidence that the discretion was unlawfully…

Source excerpt

• Review Of Administrative Action
• Exemption From Retirement Fund
• Reasonableness Of Decision
• Collective Agreements
• Fettering Of Discretion

Subaru Pretoria (Pty) Ltd v Motor Industry Bargaining Council (MIBCO) and Others (JR 2068/2010)

Subaru Pretoria (Pty) Ltd v Motor Industry Bargaining Council (MIBCO) and Others (JR 2068/2010) [2014] ZALCJHB 10 (16 January 2013)

Court

Labour Court Johannesburg

Case number

JR 2068/2010

Judge

AC Basson

The court found that MIBCO's decision to cancel the exemption and dismiss the appeal was not unreasonable. The policy against granting exemptions for retirement annuities was based on rational considerations and was not applied as a rigid rule; the discretion was exercised with reference to the policy but not in a manner that precluded independent judgment. The applicant failed to disclose that the alternative fund was a retirement annuity, and Meyer was not fully apprised of this fact when granting the exemption. The subsequent withdrawal of the exemption and dismissal of the appeal were mad…

Source excerpt

• Review Of Administrative Action
• Exemption From Retirement Fund
• Reasonableness Of Decision
• Collective Agreements
• Fettering Of Discretion

S v Mako (ECJ 2004/020)

S v Mako (ECJ 2004/020) [2004] ZAECHC 26; 2005 (2) SACR 223 (E) (1 September 2004)

Court

High Courts - Eastern Cape

Case number

ECJ 020/2004

Judges

Plasket, Pickering

On automatic review, the High Court set aside a three-year sentence for assault with intent to do grievous bodily harm and replaced it with one year.

• Sentencing
• Assault With Intent To Do Grievous Bodily Harm
• Fettering Of Discretion
• Deterrence
• Proportionality
• Mitigating Factors

Sebogodi v State President and Another (453/89)

Sebogodi v State President and Another (453/89) [1991] ZASCA 61 (23 May 1991)

Court

Supreme Court of Appeal

Case number

453/89

Judges

Joubert, Nestadt, Kumleben, F H Grosskopf, Preiss

The court dismissed an appeal challenging the incorporation of Braklaagte into Bophuthatswana, holding that the State President’s discretion was not unlawfully fettered.

• Exercise Of Discretion
• Incorporation Of Land
• Statutory Powers
• Fettering Of Discretion
• Inter State Agreements
• Administrative-law