South Africa Case Law

Inxuba Yethemba Municipality v Msweli Others (Application for Leave to Appeal) (PR198/21)

Inxuba Yethemba Municipality v Msweli Others (Application for Leave to Appeal) (PR198/21) [2025] ZALCPE 10 (30 May 2025)

Court

Labour Court Port Elizabeth

Case number

PR198/21

Judge

P N Kroon

The Labour Court dismissed an application for leave to appeal, holding that the review grounds lacked merit and the arbitrator’s reinstatement award was unsustainable.

• Review Of Arbitration Award
• Sanction For Misconduct
• Leave To Appeal
• Incomplete Record
• Remittal Of Dispute
• Leave-to-appeal

Sethosa v S (679/2023)

Sethosa v S (679/2023) [2024] ZASCA 172 (12 December 2024)

Court

Supreme Court of Appeal

Case number

679/2023

Judges

Nicholls, Molefe, Kgoele, Koen, Dolamo

The SCA set aside a High Court dismissal of a petition for leave to appeal because the trial record was incomplete and needed reconstruction.

• Rape Conviction
• Incomplete Record
• Petition For Leave To Appeal
• Record Reconstruction
• Fair Trial Rights
• Incomplete-record

Johannesburg Road Agency v Makhari (JA146/21)

Johannesburg Road Agency v Makhari (JA146/21) [2024] ZALAC 47 (16 October 2024)

Court

Labour Appeal Court

Case number

JA146/21

Judges

Molahlehi, Savage, Jolwana

The Labour Court was correct to review and set aside the CCMA arbitration award denying reinstatement to the employee. The commissioner misconceived the nature of the employment contract, which was for an indefinite period, and failed to apply the correct legal principles regarding reinstatement as the primary remedy for unfair dismissal under section 193 of the LRA. The freezing of the post did not constitute a valid bar to reinstatement, and none of the statutory exceptions applied. The incomplete record did not prejudice either party, and the Labour Court was entitled to proceed with the r…

Source excerpt

• Unfair Dismissal
• Reinstatement
• Review Of Arbitration Award
• Section 193 Lra
• Incomplete Record

South African Municipal Workers Union obo Moabi and Others v South African Local Government Bargaining Council and Others (JR857/21)

South African Municipal Workers Union obo Moabi and Others v South African Local Government Bargaining Council and Others (JR857/21) [2024] ZALCJHB 397 (30 September 2024)

Court

Labour Court Johannesburg

Case number

JR857/21

Judge

Ramji

The Court found that the Commissioner’s decision was not so unreasonable that no reasonable decision-maker could have reached it. The Commissioner’s assessment of the evidence, including the credibility and consistency of the Omars’ testimonies and the officers’ conduct, was reasonable. Minor inconsistencies in witness testimony did not render the Omars’ version unreliable. The negative inference drawn from the officers’ failure to provide written statements was an error, but it was only one factor among several considered and did not render the outcome unreasonable. The sanction of dismissal…

Source excerpt

• Substantive Fairness Of Dismissal
• Team Misconduct
• Review Of Arbitration Award
• Condonation Of Late Filing
• Incomplete Record
• Credibility Of Witnesses

Phiri v S (CA 55/2015)

Phiri v S (CA 55/2015) [2024] ZANWHC 185 (11 July 2024)

Court

North West High Court, Mafikeng

Case number

CA 55/2015

Judges

J T Djaje, T Masike

The High Court removed a criminal appeal from the roll because the record was incomplete, including the appellant’s evidence and a key witness’s testimony.

• Rape
• Incomplete Record
• Appeal Procedure
• Criminal Law Amendment Act
• Criminal-appeal
• Incomplete-record

Bolt Services SA (Pty) Ltd v Rapalalane and Others (JR151/22)

Bolt Services SA (Pty) Ltd v Rapalalane and Others (JR151/22) [2024] ZALCJHB 231 (6 June 2024)

Court

Labour Court Johannesburg

Case number

JR151/22

Judge

RN Daniels

The commissioner failed to consider material evidence and committed fundamental errors, including misunderstanding the alternative nature of the charges and failing to appreciate the responsibilities of a senior manager. The commissioner did not apply his mind to whether gross negligence was proved and made material mistakes that distorted the outcome. The incomplete record, not attributable to the applicant, further undermined the fairness of the proceedings. On the totality of the evidence, the award is one which no reasonable decision maker could reach. Accordingly, the arbitration award i…

Source excerpt

• Review Of Arbitration Award
• Gross Negligence
• Failure To Attend Meeting
• Procedural Fairness
• Condonation
• Incomplete Record

Impala Platinum Limited v AMCU obo Gadla and Others (JR720/18)

Impala Platinum Limited v AMCU obo Gadla and Others (JR720/18) [2023] ZALCJHB 287 (18 October 2023)

Court

Labour Court Johannesburg

Case number

JR 720/18

Judge

Prinsloo

Labour Court reviewed and set aside a CCMA award after finding the arbitrator failed to decide a material misconduct charge and the record was incomplete.

• Unfair Dismissal
• Review Of Arbitration Award
• Condonation
• Incomplete Record
• Remittal
• Review-of-arbitration-award

S v Seyisi

S v Seyisi [2023] ZAGPPHC 291; A611/2017 (28 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

A611/2017

Judges

Mosopa, Greyvenstein

The High Court postponed a criminal appeal sine die and ordered reconstruction of a missing trial record, finding the incomplete record still had to be properly completed.

• Right To Fair Trial
• Incomplete Record
• Appeal Procedure
• Record Reconstruction
• Criminal-appeal
• Incomplete-record

Phelembe v S (A98/2022)

Phelembe v S (A98/2022) [2022] ZAFSHC 337 (25 November 2022)

Court

Free State High Court, Bloemfontein

Case number

A98/2022

Judges

JP Daffue, JJ Mhlambi

The High Court upheld a criminal appeal because the trial record was missing and reconstruction was impossible, setting aside the convictions and sentences.

• Incomplete Record
• Appeal Procedure
• Condonation
• Record Reconstruction
• Incomplete-record
• Criminal-appeal

Eskom Holdings SOC Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR 1912/2018)

Eskom Holdings SOC Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR 1912/2018) [2022] ZALCJHB 335 (22 November 2022)

Court

Labour Court Johannesburg

Case number

JR 1912/2018

Judge

Prinsloo

The Labour Court granted condonation, reinstated a late review, set aside a CCMA award, and remitted the dispute for a fresh hearing because the record was incomplete.

• Review Of Arbitration Award
• Condonation For Late Filing
• Incomplete Record
• Remittal For De Novo Hearing
• Labour-law
• Review-of-arbitration-award