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South Africa decisions
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S v Zilo (Review) (CA&R91/2025) [2025] ZAECMKHC 56 (22 July 2025)
The High Court set aside criminal proceedings after finding the accused was represented by an attorney with no right of appearance, rendering the trial a nullity.
Letsemeng Local Municipality v South African Local Government Bargaining Council (SALGBC) and Others (C390/2021) [2025] ZALCCT 60 (21 July 2025)
The Labour Court dismissed a review of an arbitration award reinstating a dismissed employee, holding the commissioner’s approach and findings were reasonable on the evidence.
Barloworld Equipment Southern Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (Reasons) (JR458/22) [2025] ZALCJHB 287 (24 June 2025)
The Labour Court reinstated a review, refused condonation, and set aside an arbitration award after finding gross irregularities in the commissioner’s conduct.
SACCAWU obo Kamogelo v Commission for Conciliation Mediation and Arbitration and Others (JR262/22) [2025] ZALCJHB 234 (19 June 2025)
The Court found that the Commissioner did not commit a gross irregularity in upholding the dismissal of Mr Kamogelo for failing to wear a mask at work during the Covid-19 pandemic. The evidence showed that the rule was known to employees and that Checkers had consistently dismissed other employees for similar offences. The Commissioner properly considered the seriousness of the breach, the context of the pandemic, and the employer's disciplinary practices. There was no evidence of inconsistency, moral outrage, or vengeance in the employer's conduct. The decision fell within the band of reason…
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S v Philander and Others (Special Review) (29/2025) [2025] ZAWCHC 291 (6 June 2025)
The High Court held that while Scott's appearance as a struck-off advocate was irregular and constituted a criminal offence under the Legal Practice Act, the Legislature did not intend such irregularity to render proceedings a nullity. The correct approach is to assess whether the irregularity resulted in specific prejudice or a gross deficiency affecting the fairness of the trial. In all five cases, there was no evidence that Scott's conduct compromised the integrity of the proceedings or the accused's fair trial rights. The accused had freely chosen Scott, and the records showed that he dis…
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Walker and Others v Faerie Glen Waterpark (Pty) Ltd and Others (2024/041428) [2025] ZAGPPHC 572 (2 June 2025)
The High Court dismissed a review of an arbitral taxation directive, holding the arbitrator could clarify an omitted costs scale and award High Court scale costs.
Magalies Water v Magolola Mokoka and Associates Consulting Engineers CC and Another (2023-099445; 2023-94229) [2025] ZAGPPHC 557 (26 May 2025)
The High Court dismissed a late review of two arbitration awards and made the final award an order of court, finding no condonation or gross irregularity.
Synchronised Logistical Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR133/23) [2025] ZALCPE 8 (19 May 2025)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no gross irregularity in the arbitration.
Sandton Mining (Pty) Ltd v Mashego N.O and Others (JR760/21) [2025] ZALCJHB 184 (7 May 2025)
The Court found that the Commissioner was obliged to determine the overall fairness of the dismissal, including the appropriateness of the sanction, notwithstanding the parties' narrowing of the issues. The evidence established that Khubeka made the complaint to SAPS, but the complaint was not false, as there were legitimate concerns regarding PPE shortages. The Commissioner did not commit a gross irregularity, and his findings were not disconnected from the evidence. However, the sanction of dismissal was unwarranted given the circumstances, and while Khubeka's dishonesty was aggravating, it…
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S v Serache and Others (Review) (HC12/2025) [2025] ZANWHC 75; 2025 (2) SACR 61 (NWM) (6 May 2025)
The majority of the Court held that the absence of a Fidelity Fund Certificate by the accused's legal representative does not constitute a gross irregularity or render the criminal proceedings a nullity. The legislative intent behind section 84(1) of the Legal Practice Act is to protect the public from financial misconduct, not to regulate the competence of legal practitioners in court. Disciplinary and criminal sanctions are the appropriate consequences for non-compliance, not the invalidation of judicial proceedings. There was no evidence that the accused's right to a fair trial was prejudi…
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