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South Africa decisions
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Mlisa v South African National Space Agency and Another (2023/32341) [2024] ZAGPPHC 824 (1 August 2024)
The High Court held that SANSA repudiated Mlisa’s fixed-term employment contract, but dismissed her damages claim because she failed to prove the quantum.
Gallant v Minister of Defence and Military Veterans and Others (63900/2019) [2023] ZAGPPHC 1978 (24 November 2023)
The High Court dismissed a challenge to a disputed ten-year defence contract, holding it was unauthorised and that the applicant should have pursued review proceedings.
Isaac and Others v Tswaing Local Municipality and Others (J221/22) [2022] ZALCJHB 323 (21 November 2022)
The court found that the applicants squandered any urgency by agreeing to a lengthy postponement for settlement discussions, despite being aware of the impending expiry of their fixed-term contracts. The prior judicial finding of urgency did not bind the court indefinitely, especially given the applicants' failure to provide a fresh explanation for urgency as required by law. The applicants did not demonstrate that they would not obtain substantial redress in the normal course. The court emphasized that breach of contract claims in employment do not inherently warrant urgent relief and that t…
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Mawonga and Another v Walter Sisulu Municipality and Others (574/2019) [2020] ZASCA 125; 2021 (1) SA 377 (SCA) (7 October 2020)
The SCA held that a municipal manager’s contract cannot be renewed beyond the five-year statutory maximum. Once that term ends, the post must be advertised nationally.
Liquid Telecommunication (Pty) Ltd v Carmichael-Brown (JS987/17) [2018] ZALCJHB 153; [2018] 8 BLLR 804 (LC); (2018) 39 ILJ 1779 (LC) (27 March 2018)
The Labour Court dismissed an exception to a statement of claim for contractual damages, holding that Labour Court Rule 6, not the Uniform Rules, governed pleading detail.
Hudson and Another v South African Airways Soc Limited (JA84/2014) [2015] ZALAC 28; [2015] 9 BLLR 879 (LAC); (2015) 36 ILJ 2574 (LAC) (24 June 2015)
The appeal was dismissed because the dispute of fact regarding the authority of the acting CEO and the validity of the appointments could not be resolved on the papers. The appellants failed to request oral evidence, and the respondent's version raised genuine, substantive disputes supported by detailed affidavits. Applying the Plascon-Evans rule, the Labour Appeal Court held that the application must be dismissed for lack of sufficient evidence to justify the relief sought. The court did not need to resolve the substantive legal issues regarding authority and ultra vires appointments, as the…
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Hudson and Another v SAA SOC Ltd (JA 84/2014) [2015] ZALAC 96 (24 June 2015)
The appeal was dismissed because the dispute of facts regarding the authority of the Acting CEO and the validity of the appointments could not be resolved on the papers in application proceedings. The respondent raised genuine and weighty factual disputes, substantiated by affidavits, which the appellants failed to address through oral evidence. The principles of Plascon-Evans dictate that, in the absence of a referral to oral evidence, the respondent's version prevails. The appellants' reliance on the Turquand rule was misplaced as the necessary internal formalities and authority were lackin…
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Capricorn District Municipality v Mostuki (J2764/2013) [2014] ZALCJHB 147 (5 May 2014)
The Labour Court rectified a municipal employment contract to reflect a five-year fixed term, finding erroneous dates in the contract did not match the parties’ common intention.
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