South Africa Case Law

Kolobi v Sibanye Gold Eastern Operations (Ltd) (JS 560/23)

Kolobi v Sibanye Gold Eastern Operations (Ltd) (JS 560/23) [2025] ZALCJHB 200 (27 May 2025)

Court

Labour Court Johannesburg

Case number

JS 560/23

Judge

Mabaso

The Court found that the Respondent's refusal to employ the Applicant was not irrational or unfairly discriminatory. The Respondent's conduct was justified by its legal obligation to comply with the Immigration Act, which requires a Corporate Visa to employ foreign nationals. The Applicant failed to prove that the Respondent possessed or was required to apply for such a visa, and her reliance on section 19 of the Immigration Act was misplaced, as that provision had been repealed. The Respondent's recruitment policy was consistent with statutory requirements, and the Applicant did not meet the…

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• Employment Equity Act
• Unfair Discrimination
• Corporate Visa Requirements
• Immigration Act Compliance

Maboya v Department of Home Affairs and Others (J383/2022)

Maboya v Department of Home Affairs and Others (J383/2022) [2025] ZALCJHB 97 (11 March 2025)

Court

Labour Court Johannesburg

Case number

J383/2022

Judge

Allen-Yaman

Review of a dismissal for unlawful immigration processing at OR Tambo Airport failed; the Labour Court found the dismissal substantively and procedurally fair.

• Unlawful Dismissal
• Disciplinary Procedure
• Immigration Act Compliance
• Procedural Fairness
• Substantive Fairness
• Dismissal

P.M obo M.M v Director General of Home Affairs and Others (040799/2024 ; 2024/046416 ; 2024/019004 ; 2024/017782)

P.M obo M.M v Director General of Home Affairs and Others (040799/2024 ; 2024/046416 ; 2024/019004 ; 2024/017782) [2024] ZAGPPHC 1330 (12 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

040799/2024

Judge

Nharmuravate

The court found that all four applications were poorly drafted, lacked substantive evidence, and failed to comply with statutory and regulatory requirements for birth registration. The applicants did not provide adequate proof of parental status, lawful presence in South Africa, or valid reasons for late registration. Supporting documents were inconsistent, unclear, and in some cases not authenticated. The court noted duplicative filings and copy-paste allegations, indicating an abuse of process by the legal representatives. Given the risks associated with improper birth registration, includi…

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• Registration Of Births
• Late Registration Of Birth
• Parental Rights Of Unmarried Fathers
• Abuse Of Court Process
• Immigration Act Compliance
• Child Trafficking Risk

Pennell v Delevere Investments South Africa (Pty) Ltd (C1009/2014, C330/2015)

Pennell v Delevere Investments South Africa (Pty) Ltd (C1009/2014, C330/2015) [2017] ZALCCT 14 (21 April 2017)

Court

Labour Court Cape Town

Case number

C1009/2014 & C330/2015

Judge

Rabkin-Naicker

The Labour Court upheld claims for notice pay, commission and an oral bonus, but dismissed an unfair labour practice claim based on alleged demotion.

• Unfair Labour Practice
• Notice Pay
• Commission Claims
• Bonus Agreement
• Immigration Act Compliance
• Commission-claims

Radebe v General Public Services Sectoral Bargaining Council and Others (JR1190/13)

Radebe v General Public Services Sectoral Bargaining Council and Others (JR1190/13) [2015] ZALCJHB 401 (13 November 2015)

Court

Labour Court Johannesburg

Case number

JR1190/13

Judge

Lagrange

The Labour Court dismissed a review of a dismissal for unlawfully releasing detained foreigners without properly verifying their status under the Immigration Act.

• Substantive Fairness
• Procedural Fairness
• Immigration Act Compliance
• Dismissal For Misconduct
• Immigration-act-compliance
• Dismissal-for-misconduct

Discovery Health Limited v Commission For Conciliation, Mediation and Arbitration and Others (JR 2877/06)

Discovery Health Limited v Commission For Conciliation, Mediation and Arbitration and Others (JR 2877/06) [2008] ZALC 24; [2008] 7 BLLR 633 (LC) ; (2008) 29 ILJ 1480 (LC) (28 March 2008)

Court

Labour Court

Case number

JR 2877/06

Judge

A Van Niekerk

The court held that the absence of a valid work permit does not automatically render an employment contract void under the Immigration Act, as the Act penalizes only the employer and does not explicitly invalidate such contracts. The definition of 'employee' in section 213 of the Labour Relations Act is not limited to persons with valid contracts of employment but extends to anyone who works for another and receives remuneration. Constitutional and international law require a purposive interpretation that protects the right to fair labour practices. Therefore, Lanzetta was an 'employee' under…

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• Definition Of Employee
• Immigration Act Compliance
• Unfair Dismissal
• Ccma Jurisdiction
• Employment Contract Validity