South Africa Case Law

City of Ekurhuleni Metropolitan Municipality v Municipal Employees and Civil Servants Union and Others (2025/024810)

City of Ekurhuleni Metropolitan Municipality v Municipal Employees and Civil Servants Union and Others (2025/024810) [2025] ZALCJHB 331 (31 July 2025)

Court

Labour Court Johannesburg

Case number

2025/024810

Judge

R Daniels

The court found that the strike notice issued by the Union on 19 February 2025 was defective as it failed to identify the dispute with reasonable clarity and did not provide the required seven days' notice to the City, as mandated by section 64(1)(d) of the Labour Relations Act. The applicant did not establish that all individual respondents were engaged in designated essential services, as its allegations were contradicted and not substantiated with specific evidence. The respondents provided a schedule identifying those not engaged in essential services, and the applicant failed to rebut th…

Source excerpt

• Protected Strike Action
• Essential Services
• Strike Notice Requirements
• Mutual Interest Disputes
• Interdict Proceedings

Arcelormittal South Africa v National Union of Metal Workers of South Africa and Others (2024/130792)

Arcelormittal South Africa v National Union of Metal Workers of South Africa and Others (2024/130792) [2024] ZALCJHB 449; [2025] 2 BLLR 195 (LC); (2025) 46 ILJ 595 (LC) (15 November 2024)

Court

Labour Court Johannesburg

Case number

2024/130792

Judge

M Makhura

The Labour Court held that NUMSA’s post-retrenchment strike was protected under section 189A(7) and section 64 of the LRA, and dismissed the interdict application.

• Protected Strike
• Collective Agreement Compliance
• Large Scale Retrenchment
• Section 189a Lra
• Interdict Proceedings
• Protected-strike

Erga Investments Ltd v Hi-Q Automative (Pty) Ltd and Another (074694/2024)

Erga Investments Ltd v Hi-Q Automative (Pty) Ltd and Another (074694/2024) [2024] ZAGPJHC 950 (20 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

074694/2024

Judge

S Yacoob

The High Court struck an urgent application from the roll for lack of factual detail supporting urgency under Rule 6(12)(b), awarding costs.

• Urgency Requirements
• Interdict Proceedings
• Execution Of Judgments
• Civil-procedure
• Urgent-applications
• Interdicts

Carospan (Pty) Ltd t/a Nashua Bloemfontein & Nashua Aliwal v Kabile, Magistrate for the District of Tweespruit and Another (5893/2023)

Carospan (Pty) Ltd t/a Nashua Bloemfontein & Nashua Aliwal v Kabile, Magistrate for the District of Tweespruit and Another (5893/2023) [2024] ZAFSHC 80 (22 March 2024)

Court

Free State High Court, Bloemfontein

Case number

5893/2023

Judges

Loubser, Mgudlwa

High Court review of magistrate’s orders set aside a default judgment and final interdict for gross irregularity and failure to afford a fair hearing.

• Magistrates Court Review
• Gross Irregularity
• Default Judgment
• Interdict Proceedings
• Magistrates-court-review
• Gross-irregularity

Liberty Group Limited and Others v City of Johannesburg Metropolitan Municipality and Others (2023-024680)

Liberty Group Limited and Others v City of Johannesburg Metropolitan Municipality and Others (2023-024680) [2024] ZAGPJHC 261 (13 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-024680

Judge

Wright

The High Court granted leave to appeal after dismissing a review and interdict application linked to the Rea Vaya bus project, sending the matter to the full court.

• Review Of Administrative Action
• Interdict Proceedings
• Leave To Appeal
• Rea Vaya Project
• Leave-to-appeal
• Review-of-administrative-action

JCI Mining (Pty) Ltd v National Union of Mineworkers and Others (J1337/21)

JCI Mining (Pty) Ltd v National Union of Mineworkers and Others (J1337/21) [2024] ZALCJHB 90 (28 February 2024)

Court

Labour Court Johannesburg

Case number

J1337/21

Judge

T Govender

The Labour Court discharged an interim interdict against NUM, holding the applicant had not shown that a wage agreement with AMCU bound NUM members.

• Collective Agreements
• Strike Action
• Section 65 Lra
• Section 23 Lra
• Interdict Proceedings
• Collective-agreements

Mureri and Others v (UAAC) United African Apostolic Church and Others - Appeal (HCAA06/2023)

Mureri and Others v (UAAC) United African Apostolic Church and Others - Appeal (HCAA06/2023) [2023] ZALMPPHC 114 (29 November 2023)

Court

Limpopo High Court, Polokwane

Case number

HCAA06/2023

Judges

J.T. Ngobeni, G. Muller, M.G. Phatudi

High Court appeal over church leadership and headquarters disputes was upheld, with the matter and counter-application referred to trial because of unresolved factual disputes.

• Interdict Proceedings
• Locus Standi
• Joinder And Authorisation
• Dispute Of Fact
• Church Governance
• Referral To Trial

Lovedale TVET College v National Education Health & Allied Workers Union (NEHAWU) and Others (795/2023)

Lovedale TVET College v National Education Health & Allied Workers Union (NEHAWU) and Others (795/2023) [2023] ZAECMKHC 32 (15 March 2023)

Court

Eastern Cape High Court, Makhanda

Case number

795/2023

Judge

Govindjee

The High Court's jurisdiction is not automatically ousted by the existence of an employment-related dispute. The applicant has deliberately framed its case on the basis of alleged or threatened violations of constitutional rights, such as the right to education, dignity, and to carry out business, rather than seeking relief for an unprotected strike under the Labour Relations Act. Section 157(2) of the Labour Relations Act provides for concurrent jurisdiction in such circumstances. The pleadings do not assert a claim that is exclusively assigned to the Labour Court. Therefore, the jurisdictio…

Source excerpt

• Jurisdiction Of High Court
• Unprotected Strike
• Interdict Proceedings
• Constitutional Rights In Employment

Thungela Operations (Pty) v Ltd Xakwa Coal (Pty) Ltd and Others (24010/2022)

Thungela Operations (Pty) v Ltd Xakwa Coal (Pty) Ltd and Others (24010/2022) [2022] ZAGPPHC 889 (18 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

24010/2022

Judge

N Davis

After the application was withdrawn, the court held that each party should pay its own costs because the applicant acted reasonably and an official directive made final relief unnecessary.

• National Water Act Directive
• Costs On Withdrawal
• Interdict Proceedings
• Duty Of Care Under Nema
• Costs-on-withdrawal
• Environmental-law

Colefax Trading (Pty) Ltd v Justice for All Workers of South Africa and Others (J853/21)

Colefax Trading (Pty) Ltd v Justice for All Workers of South Africa and Others (J853/21) [2022] ZALCJHB 39 (7 March 2022)

Court

Labour Court Johannesburg

Case number

J853/21

Judge

M Makhura

Urgent application to interdict a strike and related conduct dismissed. The court found the strike protected under section 64(4) of the LRA and no case for SAPS relief.

• Protected Strike
• Unilateral Change To Terms
• Interdict Proceedings
• Collective Agreement
• Freedom Of Association
• Protected-strike