South Africa Case Law

Baloyi and Others v Tshifhesi and Others (J1000/2023)

Baloyi and Others v Tshifhesi and Others (J1000/2023) [2025] ZALCJHB 214 (4 June 2025)

Court

Labour Court Johannesburg

Case number

J1000/2023

Judge

Daniels

The application fails because the applicants did not allege or prove compliance with all constitutional requirements for convening the National Congress and electing office bearers. The NEC meeting of 13 November 2021 was unlawful as it was held without proper notice to the President and Vice President and on a date not agreed to by the President, contrary to the constitution. The National Congress held from 28 to 30 October 2022 was also unlawful, as the agenda was not circulated to regions as required, and several individuals were elected to the NEC in breach of constitutional requirements.…

Source excerpt

• Trade Union Governance
• Union Constitution Interpretation
• Ultra Vires Acts
• Leadership Dispute
• Motion Proceedings
• Final Relief

White River Marketing (Pty) Ltd t/a Wizard Polythelene Manufacturers and Another v Rothwell and Another (2022/12218)

White River Marketing (Pty) Ltd t/a Wizard Polythelene Manufacturers and Another v Rothwell and Another (2022/12218) [2022] ZAGPJHC 282 (29 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/12218

Judge

T P Mudau

An urgent application to enforce a restraint of trade failed because urgency was self-created and the applicants did not prove a clear right or breach.

• Restraint Of Trade
• Confidential Information
• Urgent Interdict
• Business Rescue
• Final Relief
• Restraint-of-trade

Fraser Alexander (Pty) Ltd v Tswelopele Beneficiation Operation (Pty) Ltd and Others (J1368/17)

Fraser Alexander (Pty) Ltd v Tswelopele Beneficiation Operation (Pty) Ltd and Others (J1368/17) [2017] ZALCJHB 299; [2017] 12 BLLR 1251 (LC) (16 August 2017)

Court

Labour Court Johannesburg

Case number

J1368/17

Judge

B Whitcher

The court found that section 197 of the LRA was not applicable because there was no transfer of business as a going concern. The evidence showed that no assets, data, or employees were transferred from Fraser Alexander to Tswelopele or Intasol. The work performed by Intasol was strictly remedial and not the routine maintenance and management previously conducted by Fraser Alexander. The arrangement between Tswelopele and Intasol was a short-term, once-off engagement, and the future maintenance and management of the dam would be subject to a new tender process. The court applied the Plascon-Ev…

Source excerpt

• Section 197 Transfer
• Transfer Of Business
• Motion Proceedings
• Final Relief
• Plascon Evans Principle

Waleed Investments Holdings (Pty) Ltd v Mandonca (41931/2014)

Waleed Investments Holdings (Pty) Ltd v Mandonca (41931/2014) [2017] ZAGPJHC 98 (30 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

41931/2014

Judge

Fisher

The court found that the applicant was entitled to enforce the settlement agreement, which extinguished the underlying debt. The respondent had proper notice of the alternative relief sought and failed to establish a sustainable defence. The respondent’s assertion that she did not understand her personal liability under the settlement agreement was rejected as implausible, given her experience and the clarity of the agreement. The National Credit Act was not applicable to the compromise agreement being enforced. The respondent is personally liable to pay the applicant R4.3 million, with inter…

Source excerpt

• Compromise Agreement
• National Credit Act Compliance
• Money Judgment
• Application Proceedings
• Final Relief

IMATU and Another v City of Matlosana Local Municipality and Another (J620/2014)

IMATU and Another v City of Matlosana Local Municipality and Another (J620/2014) [2014] ZALCJHB 394 (2 October 2014)

Court

Labour Court Johannesburg

Case number

J620/2014

Judge

Ngcukaitobi

The Labour Court refused leave to appeal, finding the proposed appeal would have no practical effect and that the procedural rulings were not appealable.

• Disciplinary Proceedings
• Protected Disclosures Act
• Urgency
• Lis Pendens
• Final Relief
• Leave-to-appeal

Tshwane Pharmacy (Pty) Ltd v Government Employees Medical Scheme (28532/11)

Tshwane Pharmacy (Pty) Ltd v Government Employees Medical Scheme (28532/11) [2011] ZAGPPHC 72 (20 May 2011)

Court

North Gauteng High Court, Pretoria

Case number

28532/11

Judge

B.R. Southwood

High Court dismissed a pharmacy’s urgent claim for direct payment from a medical scheme, holding that section 59(2) and the scheme rules preserved payment discretion.

• Medical Schemes Act
• Interpretation Of Statutes
• Tacit Contract
• Final Relief
• Motion Proceedings
• Medical-schemes-act

Kloof Investment 2004 CC v Isaacs (23305/2010)

Kloof Investment 2004 CC v Isaacs (23305/2010) [2011] ZAWCHC 116 (14 January 2011)

Court

Western Cape High Court, Cape Town

Case number

23305/2010

Judge

MIA

The court refused leave to appeal, holding that clause 4.6 could not be read to include set-off and that no reasonable prospects of success were shown.

• Contract Interpretation
• Set Off
• Final Relief
• Leave To Appeal
• Contract-interpretation
• Set-off

Van Jaarsveld and Others v Mangaung Local Municipality and Another (J 637/10)

Van Jaarsveld and Others v Mangaung Local Municipality and Another (J 637/10) [2010] ZALC 288 (11 June 2010)

Court

Labour Court

Case number

J 637/10

Judge

Van Niekerk

The Labour Court held that the municipality’s unilateral reassignment of senior managers breached their employment contracts because no valid consent or written variation was obtained.

• Variation Of Employment Contract
• Unilateral Change Of Terms
• Consent To Contractual Variation
• Final Relief
• Breach Of Contract
• Variation-of-employment-contract

African Dawn Property Transfer Finance 1 (Pty) Ltd v Caronet Properties (Pty) Ltd and Another (16892/2008)

African Dawn Property Transfer Finance 1 (Pty) Ltd v Caronet Properties (Pty) Ltd and Another (16892/2008) [2010] ZAWCHC 16 (15 February 2010)

Court

Western Cape High Court, Cape Town

Case number

16892/2008

Judge

Louw

The High Court enforced a loan and suretyship, holding the transaction was with a juristic person and excluded from the National Credit Act.

• Loan Agreement
• Suretyship
• National Credit Act Exemption
• Final Relief
• Compound Interest
• National-credit-act