South Africa Case Law

Mbele and Another v Minister of Justice & Constitutional Development and Another (1116/2013)

Mbele and Another v Minister of Justice & Constitutional Development and Another (1116/2013) [2015] ZANWHC 17 (18 June 2015)

Court

North West High Court, Mafikeng

Case number

1116/2013

Judges

A M Kgoele, Samkelo Gura

The court found that there are no reasonable prospects of success for an appeal against the review court's dismissal of the application to set aside the Minister's decision to extradite the applicants. The Botswana High Court's Tapela judgment ensures that non-citizen inmates, including the applicants, will receive necessary HIV treatment, addressing the health concerns raised. The Minister's decision was not tainted by incorrect information, as he relied on multiple sources and constitutional principles. The risk of corporal punishment was adequately considered, and the likely sentence for t…

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• Extradition
• Right To Health
• Corporal Punishment
• Review Of Administrative Action
• Hiv Discrimination

Allpass v Mooikloof Estates (Pty) Ltd t/a Mooikloof Equestrain Centre (JS178/09)

Allpass v Mooikloof Estates (Pty) Ltd t/a Mooikloof Equestrain Centre (JS178/09) [2011] ZALCJHB 7; 2011 (2) SA 638 (LC) ; [2011] 5 BLLR 462 (LC); (2011) 32 ILJ 1637 (LC) (16 February 2011)

Court

Labour Court Johannesburg

Case number

JS178/09

Judge

Bhoola

The court found that the applicant's dismissal was primarily motivated by his HIV status, not by any inability to perform his duties or by dishonesty. The respondent failed to prove that the applicant's medical conditions, including his allergy to penicillin, rendered him incapable of fulfilling the inherent requirements of the job. The expectation that the applicant should have disclosed his HIV status violated his right to privacy and dignity. The respondent's reliance on alleged dishonesty and inherent job requirements was a thinly veiled attempt to disguise discrimination. The dismissal w…

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• Automatically Unfair Dismissal
• Hiv Discrimination
• Inherent Job Requirements
• Employment Equity Act
• Right To Privacy
• Damages For Unfair Dismissal

B v Eagle Ink Systems KZ Natal (Pty) Ltd (D781/05)

B v Eagle Ink Systems KZ Natal (Pty) Ltd (D781/05) [2007] ZALCD 12 (31 August 2007)

Court

Labour Court Durban

Case number

D781/05

Judge

Pillay D

The court found that the applicant's dismissal was not genuinely based on misconduct but was motivated by his HIV-positive status. Although the applicant was found guilty of misconduct for selling used printing blankets to customers without permission and deriving a personal benefit, the nature and scale of the misconduct did not justify dismissal. The respondent's conduct, including placing the applicant on involuntary leave, offering a desk-bound position, and pursuing a disciplinary inquiry with a predetermined outcome, demonstrated a pattern of discrimination. The respondent failed to obt…

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• Automatic Unfair Dismissal
• Hiv Discrimination
• Breach Of Trust
• Moonlighting
• Employment Equity Act
• Labour Relations Act

Bootes v Eagles Systems Kwazulu-Natal Ltd (D781/05)

Bootes v Eagles Systems Kwazulu-Natal Ltd (D781/05) [2007] ZALC 185 (31 August 2007)

Court

Labour Court

Case number

D781/05

Judge

Pillay D

The Labour Court held that Bootes’s dismissal was automatically unfair because it was motivated by his HIV status, not misconduct.

• Automatic Unfair Dismissal
• Hiv Discrimination
• Employment Equity Act
• Labour Relations Act
• Breach Of Confidentiality
• Automatic-unfair-dismissal

Bootes v Eagle Ink Systems KwaZulu-Natal (Pty) Limited (D781/05)

Bootes v Eagle Ink Systems KwaZulu-Natal (Pty) Limited (D781/05) [2007] ZALC 52; (2008) 29 ILJ 139 (LC) (17 August 2007)

Court

Labour Court

Case number

D781/05

Judge

Pillay D

The Labour Court found Bootes’s dismissal was automatically unfair because it was really based on his HIV status, not misconduct.

• Automatically Unfair Dismissal
• Hiv Discrimination
• Employment Equity Act
• Labour Relations Act
• Breach Of Confidentiality
• Automatically-unfair-dismissal

Perreira v Buccleuch MontessoriI Pre-school and Primary (Pty) Ltd and Others (4377/02)

Perreira v Buccleuch MontessoriI Pre-school and Primary (Pty) Ltd and Others (4377/02) [2003] ZAGPHC 1 (21 October 2003)

Court

High Courts - Gauteng

Case number

4377/02

Judge

Mailula

The court found that the first respondent had not made a final decision to exclude the minor child, T, from the school solely because of her HIV status. The evidence showed that the school suggested deferring the application until the child was older and past the biting stage, primarily due to concerns about the unpredictability of young children and the lack of staff training in handling HIV positive children. The applicant did not complete the application process or attend the scheduled follow-up appointment. On the objective facts, the school remained open to considering the child's enrolm…

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• Equality Clause
• Hiv Discrimination
• Children S Rights
• Bill Of Rights Limitation