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South Africa Case Law

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Land And Property [2025] ZAGPPHC 400

Sunset Ridge Homeowners Association v Van Deventer N.O and Others (Leave to Appeal) (35234/2022)

Sunset Ridge Homeowners Association v Van Deventer N.O and Others (Leave to Appeal) (35234/2022) [2025] ZAGPPHC 400 (14 April 2025)

The High Court granted leave to appeal in a dispute over municipal enforcement, nuisance remediation, and town-planning compliance at the Jobica property.

  • Municipal Town Planning
  • Nuisance
  • Remediation Orders
  • Leave To Appeal
  • Mandamus
  • Health And Safety Compliance
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Administrative Law [2020] ZAKZDHC 45

Kwadukuza Municipality v McDonalds South Africa and Others (D3430/2020)

Kwadukuza Municipality v McDonalds South Africa and Others (D3430/2020) [2020] ZAKZDHC 45 (18 September 2020)

The court held that the applicant municipality is statutorily obliged to enforce compliance with the National Building Regulations and Building Standards Act and the Businesses Act. The second respondent occupied and traded from the property without the necessary certificate of occupancy and business licence, despite repeated notices and contravention warnings. The municipality's refusal to grant both temporary and permanent certificates was based on outstanding health and safety concerns, and the respondent failed to demonstrate that the refusal was irrational or unreasonable. The counter-ap…

  • Certificate Of Occupancy
  • Business Licensing
  • Municipal Enforcement
  • Promotion Of Administrative Justice Act
  • Health And Safety Compliance
  • Interdictory Relief
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Labour Law [2018] ZALCJHB 21

Shanduka Coal (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR725/15)

Shanduka Coal (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR725/15) [2018] ZALCJHB 21 (30 January 2018)

The court found that the Commissioner failed to apply his mind to material facts and rules, including the employees' awareness of safety procedures, the absence of a justifiable excuse for non-compliance, and the disciplinary code's prescription of dismissal for such offences. The evidence established that the employees breached lockout, isolator, and risk assessment requirements without justification. The Commissioner unreasonably substituted the prescribed sanction with a final warning, which was not supported by the facts or the code. The arbitration award was thus set aside and replaced w…

  • Substantive Fairness Of Dismissal
  • Health And Safety Compliance
  • Disciplinary Code Application
  • Arbitration Review
  • Risk Assessment Requirements
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Labour Law [2014] ZALCJHB 118

Kobe and Another v Commissioner for Conciliation Mediation And Arbitration and Others (JR2014/11)

Kobe and Another v Commissioner for Conciliation Mediation And Arbitration and Others (JR2014/11) [2014] ZALCJHB 118 (10 March 2014)

Labour Court review of a CCMA award upheld after irregularities in the arbitration record and procedure; the dismissal dispute was remitted for a hearing de novo.

  • Unfair Dismissal
  • Procedural Fairness
  • Substantive Fairness
  • Review Of Arbitration Award
  • Natural Justice
  • Health And Safety Compliance
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Labour Law [2014] ZALCJHB 17

NUM v Commission for Conciliation Mediation And Arbitration and Others (JR 1718-12)

NUM v Commission for Conciliation Mediation And Arbitration and Others (JR 1718-12) [2014] ZALCJHB 17 (7 February 2014)

Labour Court dismissed a review of an unfair-dismissal arbitration award, holding the applicants failed to substantiate inconsistency and the safety breach finding was reasonable.

  • Unfair Dismissal
  • Inconsistent Disciplinary Action
  • Review Of Arbitration Award
  • Nepotism
  • Health And Safety Compliance
  • Labour-law
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Administrative Law [2012] ZANCHC 57

Langberg Abattoir CC and Another v Gamagara Local Municipality and Others (1555/2012)

Langberg Abattoir CC and Another v Gamagara Local Municipality and Others (1555/2012) [2012] ZANCHC 57 (14 December 2012)

The High Court held that the applicants had not complied with their effluent pre-treatment obligations and ordered them to pay the respondents’ costs.

  • Municipal Service Delivery
  • Costs Order
  • Contractual Obligations
  • Health And Safety Compliance
  • Municipal-service-delivery
  • Costs-order
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.