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South Africa decisions
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Idwala Holdings (Pty) Ltd v National Union of Mineworkers and Others (JR1633/21) [2025] ZALCJHB 307 (15 July 2025)
The Labour Court set aside a CCMA award and held that the employee’s dismissal was procedurally and substantively fair after a review for unreasonableness.
Popcru obo Vearey v National Commissioner of the South African Police Service and Others (C708/2021) [2024] ZALCCT 10; [2024] 5 BLLR 523 (LC); (2024) 45 ILJ 1068 (LC) (20 February 2024)
The Labour Court found that the arbitrator misconceived the nature of the enquiry by failing to confine his determination to the actual charge for which the applicant was dismissed. The arbitrator admitted and relied upon evidence of incitement to unlawful conduct, which was not part of the charge, and failed to properly consider the admissibility of evidence introduced after dismissal. These mistakes of law and misconstruction of the enquiry resulted in the applicant not receiving a fair trial of the issues at arbitration. The award was therefore reviewable and must be set aside. The dispute…
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EPX Couriers (Pty) Ltd v Zwane NO and Others (JR1523/21) [2023] ZALCJHB 246 (15 August 2023)
The Labour Court dismissed EPX Couriers’ review of a dismissal award, finding the arbitrator’s factual findings and credibility assessments reasonable.
Malema and Another v Afriforum NPC and Another (89196/2016) [2023] ZAGPPHC 11 (17 January 2023)
The court held that the application for leave to appeal must fail for several reasons. First, the order sought to be appealed was granted by default, and in terms of established authority, such orders are not ordinarily appealable but rather subject to rescission. The applicants had already pursued rescission, which was dismissed, finalising the proceedings. Second, the application for condonation for the late filing of leave to appeal was defective, lacking a complete and reasonable explanation for the delay, as required by law. The affidavit supporting condonation did not cover the entire p…
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Mofokeng v Commission for Conciliation Mediation and Arbitration and Others (JR 1200/18) [2022] ZALCJHB 230 (16 August 2022)
The court found that the applicant's conduct did not amount to gross insubordination or incitement. She complied with the instruction to wear flat shoes and merely expressed dissatisfaction, which is protected by the constitutional right to freedom of expression and the Labour Relations Act. The employer's policy was ambiguous and amended without proper consultation, rendering the instruction potentially unlawful. There was no evidence of a willful or serious challenge to authority, nor of incitement to commit misconduct or crime. The arbitration award upholding the dismissal was unreasonable…
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S v Ndlovu (SS72/2019) [2021] ZAGPJHC 899 (22 October 2021)
The High Court convicted Rosemary Nomia Ndlovu on murder, fraud, defeating the ends of justice, incitement and attempted murder counts arising from insurance-linked killings.
Association of Mineworkers and Construction Union obo Matshikica and Others v Anglo Platinum Mines Limited (Union Section) Siyanda Bikgatla (JS 726/2018) [2021] ZALCJHB 71 (28 May 2021)
The Labour Court dismissed AMCU’s unfair dismissal application for lack of jurisdiction, finding the dismissals were for intimidation and incitement, not participation in an unprotected strike.
The Court held that section 18(2)(b) of the Riotous Assemblies Act is unconstitutional to the extent that it criminalises incitement of another to commit 'any offence', because that phrase is overbroad and disproportionately limits protected freedom of expression under section 16(1) when a less restrictive means would be to confine the offence to serious offences. The Court also held that the High Court's invalidation of the sentencing aspect could not stand, because 'liable' does not mean mandatory punishment. The applicants' Trespass Act claim was refused because they did not launch a direc…
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Legalatladi v S (CA45/2017) [2019] ZANWHC 55 (3 October 2019)
The High Court upheld the appeal and set aside the appellant’s conviction and sentence for attempted conspiracy and incitement to murder.
Economic Freedom Fighters and Another v Minister of Justice and Constitutional Development and Another; Economic Freedom Fighters and Another v Minister of Justice and Constitutional Development and Another (87638/2016) [2019] ZAGPPHC 253; [2019] 3 All SA 723 (GP); 2019 (2) SACR 297 (GP) (4 July 2019)
Section 18(2)(b) of the Riotous Assemblies Act is unconstitutional only to the extent that it imposes the same punishment on inciters as on actual perpetrators, as this is not rationally connected to the purpose of crime prevention and constitutes an unreasonable limitation on freedom of expression. The remainder of the section, which criminalises incitement with the requisite intention, is constitutionally valid. The Trespass Act does not conflict with PIE and ESTA; both statutes can operate together, and the charge against Mr Malema is not constitutionally deficient. Objections to the charg…
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