South Africa Case Law

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022)

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022) [2025] ZALCJHB 341 (5 August 2025)

Court

Labour Court Johannesburg

Case number

JR1863/2022

Judge

M Naidoo

The Labour Court dismissed an application to reinstate a lapsed review, finding the delay excessive, poorly explained, and fatal despite any prospects of success.

• Condonation
• Practice Manual Non Compliance
• Review Application Delay
• Prospects Of Success
• Prejudice
• Interest Of Justice

Lehlo v S (A255/2024)

Lehlo v S (A255/2024) [2024] ZAWCHC 425 (12 December 2024)

Court

Western Cape High Court, Cape Town

Case number

A255/2024

Judge

Parker, AJ

The High Court dismissed a bail appeal in a Schedule 6 matter, holding that the appellant failed to prove exceptional circumstances or show that release served the interests of justice.

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Interest Of Justice
• Onus Of Proof
• Bail-appeal

Solomons v S (A163/2024)

Solomons v S (A163/2024) [2024] ZAWCHC 305 (10 October 2024)

Court

Western Cape High Court, Cape Town

Case number

A163/2024

Judge

Andrews

The High Court dismissed a bail appeal, holding that the magistrate was not wrong to refuse release because the appellant failed to show that bail was in the interests of justice.

• Bail Application
• Criminal Procedure Act
• Interest Of Justice
• Schedule 5 Offences
• Flight Risk
• Prima Facie Case

Letsoalo v S (A172/2024)

Letsoalo v S (A172/2024) [2024] ZAGPPHC 888 (11 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

A172/2024

Judge

J.T Leso

High Court appeal against refusal of bail on new facts allowed for a Schedule 6 robbery charge, after finding exceptional circumstances and misdirection by the magistrate.

• Bail Application
• Exceptional Circumstances
• Interest Of Justice
• Constitutional Rights
• Burden Of Proof
• Bail-application

SAMWU obo Ngwenya v Ekurhuleni Metropolitan Muncipality and Others (JR1533/22)

SAMWU obo Ngwenya v Ekurhuleni Metropolitan Muncipality and Others (JR1533/22) [2024] ZALCJHB 353 (21 August 2024)

Court

Labour Court Johannesburg

Case number

JR 1533/2022

Judge

Ford

The Labour Court refused to reinstate a review deemed withdrawn, finding the delay in filing the record inadequately explained and the prospects of success too vague.

• Condonation
• Practice Manual Clause 11 2 7
• Unfair Dismissal
• Interest Of Justice
• Expeditious Resolution
• Collective Agreement Binding Effect

Makhuduthamanga Local Municipality v South African Local Government Bargaining Council and Others (JS 575-16)

Makhuduthamanga Local Municipality v South African Local Government Bargaining Council and Others (JS 575-16) [2024] ZALCJHB 77 (19 February 2024)

Court

Labour Court Johannesburg

Case number

JS 575/16

Judge

I.I Mahomed

The applicant failed to make out a case for the retrieval of the archived review application, did not outline prospects of success, and gross negligence by its attorneys does not absolve it. The principle in Tuta does not assist the applicant, as the relevant factors for revival were not established in the papers. The interests of justice and the need for expeditious dispute resolution in employment law do not support the revival of the application. There is no reasonable prospect that another court would reach a different conclusion or that there is a legitimate dispute on the interpretation…

Source excerpt

• Leave To Appeal
• Archival Of Review Application
• Retrieval Of Archived Review
• Reasonable Prospects Of Success
• Negligence
• Interest Of Justice

J.P.M v M.B (Leave to Appeal) (49323/2021)

J.P.M v M.B (Leave to Appeal) (49323/2021) [2023] ZAGPJHC 1322 (9 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

49323/2021

Judge

ML Senyatsi

The High Court refused leave to appeal against a final sequestration order, finding no reasonable prospect of success and no basis in the interests of justice.

• Leave To Appeal Standard
• Sequestration Order
• Maintenance Obligation
• Interest Of Justice
• Leave-to-appeal
• Sequestration

Imran v S (A112/2023)

Imran v S (A112/2023) [2023] ZAWCHC 320 (7 November 2023)

Court

Western Cape High Court, Cape Town

Case number

A112/2023

Judge

Andrews AJ

The High Court dismissed an appeal against refusal of bail, finding the magistrate had not misdirected herself and that the interests of justice did not permit release.

• Bail Application
• Schedule 5 Offence
• Interest Of Justice
• Flight Risk
• White Collar Crime
• Bail-appeal

Mabula v Knysna Municipality (C955/2015)

Mabula v Knysna Municipality (C955/2015) [2023] ZALCCT 52; [2023] 12 BLLR 1301 (LC) (24 August 2023)

Court

Labour Court Cape Town

Case number

C955/2015

Judge

Lagrange

The court found that the applicant's referral was automatically deemed withdrawn in November 2016 due to five years of inactivity, as per clause 16 of the Labour Court Practice Manual. The applicant failed to provide a satisfactory and specific explanation for the delay, relying on generalized claims of depression and fear without supporting evidence. The alleged occupational detriment was not substantiated, as no disciplinary action was ever instituted, only an investigation which was later abandoned. The interests of justice did not warrant reinstatement, given the prejudice to the responde…

Source excerpt

• Protected Disclosure Act
• Condonation
• Unfair Labour Practice
• Occupational Detriment
• Practice Manual Archiving
• Interest Of Justice

National Consumer Commission v Claremont Holdings (Pty) Ltd T/A Claremont VW (NCT/252538/2022/101(1))

National Consumer Commission v Claremont Holdings (Pty) Ltd T/A Claremont VW (NCT/252538/2022/101(1)) [2023] ZANCT 51 (11 August 2023)

Court

National Consumer Tribunal

Case number

NCT/252538/2022/101(1)

Judge

PT Manzi-Ntshingila

The Tribunal granted the NCC condonation for the late filing of its answering affidavit, finding the brief delay adequately explained and in the interests of justice.

• Condonation
• Late Filing
• Answering Affidavit
• Interest Of Justice
• Late-filing
• Answering-affidavit