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South Africa decisions
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Mbokodo and Another v NEHAWU and Others (2025/094549) [2025] ZALCJHB 273 (30 June 2025)
The Labour Court dismissed an urgent application to stop a union congress, holding the matter was not urgent and was barred by lis pendens because identical relief was pending in the High Court.
E.M v Minister of Home Affairs and Others (3153/2024) [2024] ZAECMHC 65 (27 August 2024)
Urgent asylum and release application dismissed; the court held existing magistrates’ detention orders remained binding, and statutory requirements for asylum relief were unmet.
D.G.S.F v M.F and Another (347/2024) [2024] ZAFSHC 207 (2 July 2024)
High Court struck an urgent child-care application off the roll, holding the applicant had not shown genuine urgency and had used the wrong procedure.
Passenger Rail Agency of South Africa and Others v Ngoye and Others (JA78/21) [2024] ZALAC 18; (2024) 45 ILJ 1228 (LAC); [2024] 7 BLLR 706 (LAC); 2025 (2) SA 556 (LAC) (26 March 2024)
The Labour Appeal Court held that contractual claims for unlawful termination can be heard, but specific performance is discretionary and was wrongly granted here.
Maphoso v South African Broadcasting Corporation and Another (JS434/22) [2024] ZALCJHB 34 (5 February 2024)
The Labour Court lacks jurisdiction to adjudicate the Applicant's unfair labour practice dispute because section 191(1)(a) and section 191(5)(a) of the LRA require such disputes to be referred to a bargaining council or the CCMA for arbitration. The Applicant was aware of this requirement, as evidenced by his simultaneous referral to both the CCMA and the Labour Court. Section 158(2) of the LRA does not permit parties to choose the Labour Court as an arbitrator at the outset, and is only applicable in exceptional circumstances where it becomes apparent after referral that arbitration is requi…
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ICTU obo Erasmus and Others v Telkom SOC Limited (JS 410/21) [2024] ZALCJHB 24 (31 January 2024)
The Labour Court held that the applicants were dismissed for misconduct, not automatically unfair dismissal, and dismissed the matter for lack of jurisdiction.
Executive Mayor Matjhabeng Local Municipality and Others v ABSA Bank Limited and Others (2023/102250) [2023] ZAGPJHC 1201 (23 October 2023)
The South Gauteng High Court found that it lacked jurisdiction to grant interim relief staying writs of execution issued by the Free State High Court against Matjhabeng Local Municipality. The applicants failed to provide sufficient evidence that any respondents, particularly the judgment creditors Chokmah and Puleletso, were domiciled within the jurisdiction of this court. The allegations regarding jurisdictional connecting factors were unsubstantiated. The court distinguished the present matter from the Road Accident Fund case, where jurisdiction was established due to the presence of numer…
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Chetty v Oppenheimer Partners Africa Advisors (Pty) Ltd and Others (056024/2023 ; EQ7/2023) [2023] ZAGPJHC 1190 (20 October 2023)
The Equality Court dismissed an employment-related application, holding that the dispute fell within the Labour Relations Act and Employment Equity Act and was outside its jurisdiction.
Duze v Mhlathuze Water (D 277/22) [2022] ZALCD 39 (30 June 2022)
The Labour Court struck an urgent application off the roll, finding the applicant had created the urgency and shown no exceptional basis to intervene.
Makwane v Baraka Enterprise Consulting (Pty) Ltd and Others (13681/2021) [2021] ZAGPPHC 368 (3 June 2021)
The High Court lacks jurisdiction to enforce a CCMA arbitration award where the Labour Relations Act provides exclusive jurisdiction to the Labour Court. Section 157(2) does not extend the High Court’s jurisdiction to matters arising from the LRA, and forum shopping is discouraged. The Applicant failed to provide evidence that the CCMA award was certified as required by section 143(3) of the LRA. The appropriate forum for contempt proceedings and enforcement of reinstatement is the Labour Court, while monetary compensation must be enforced as if it were an order of the Magistrate’s Court. The…
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