South Africa Case Law

Rohde v S (483/2019)

Rohde v S (483/2019) [2019] ZAWCHC 100; 2019 (2) SACR 422 (WCC); [2019] 4 All SA 310 (WCC) (15 August 2019)

Court

Western Cape High Court, Cape Town

Case number

483/2019

Judge

Salie-Hlophe

The court held that the applicant failed to discharge the onus of proving that his release on bail pending appeal would be in the interests of justice. The seriousness of the offence—murder of his wife and subsequent staging of the crime as suicide—together with the lengthy sentence of 20 years, weighed heavily against bail. The applicant's multiple citizenships and overseas assets increased the risk of flight, notwithstanding the surrender of passports. The financial and emotional hardships cited were not new facts but inevitable consequences of incarceration, and business interests do not j…

Source excerpt

• Bail Pending Appeal
• Flight Risk
• Interests Of Justice
• Gender Based Violence
• Correctional Services Act
• Financial Hardship

Gomba v Member of the Executive Council: Gauteng Department of Human Settlement (J1360/19)

Gomba v Member of the Executive Council: Gauteng Department of Human Settlement (J1360/19) [2019] ZALCJHB 149; (2019) 40 ILJ 2355 (LC) (19 June 2019)

Court

Labour Court Johannesburg

Case number

J1360/19

Judge

Tlhotlhalemaje

The Labour Court dismissed an urgent bid to challenge an abscondment dismissal, finding the application self-created in urgency and inadequate for final relief.

• Public Service Act Section 17
• Urgent Application Requirements
• Unfair Dismissal
• Alternative Remedies
• Financial Hardship
• Urgent-applications

Teffo v Small Enterprise Development Agency (J877/18)

Teffo v Small Enterprise Development Agency (J877/18) [2018] ZALCJHB 123 (22 March 2018)

Court

Labour Court Johannesburg

Case number

J877/18

Judge

E. Tlhotlhalemaje

The Labour Court struck off an urgent application complaining of withheld pay, finding the urgency was self-created and that no substantial redress issue was shown.

• Urgent Application
• Remuneration Withholding
• Basic Conditions Of Employment Act
• Leave Policy
• Financial Hardship
• Urgent-application

Booi v S (CA&R09/10)

Booi v S (CA&R09/10) [2010] ZAECBHC 2 (17 May 2010)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R09/10

Judge

Kemp

Appeal against refusal of bail allowed after the court found the appellant proved exceptional circumstances, chiefly imminent financial ruin to his family and business.

• Bail Application
• Exceptional Circumstances
• Admissibility Of Evidence
• Financial Hardship
• Bail-application
• Exceptional-circumstances

Malatji v University of the North (J635/03)

Malatji v University of the North (J635/03) [2003] ZALC 32 (22 April 2003)

Court

Labour Court

Case number

J635/03

Judge

K S Tip

The applicant failed to demonstrate urgency as required for interim relief in the Labour Court. The allegations of financial hardship and medical need were unsubstantiated and lacked quantification. The applicant did not disclose significant payments received from the respondent's Disability Benefit Fund and the Compensation Commissioner, undermining her claim of financial distress. The relief sought would interfere with pending CCMA arbitration proceedings, and the applicant did not undertake to refund payments if unsuccessful. In light of these deficiencies and established legal principles,…

Source excerpt

• Urgent Interim Relief
• Unfair Dismissal
• Jurisdiction Of Labour Court
• Lis Pendens
• Financial Hardship