South Africa Case Law

Masinga v Almar Investments (Pty) Ltd (J564/23)

Masinga v Almar Investments (Pty) Ltd (J564/23) [2024] ZALCJHB 381; [2024] 12 BLLR 1303 (LC); (2025) 46 ILJ 379 (LC) (8 October 2024)

Court

Labour Court Johannesburg

Case number

J564/23

Judge

M Lennox

The court found that no binding settlement agreement was concluded, as the applicant's acceptance of the proposed amount was expressly conditional on receipt of a tax directive and calculation of net payment. The respondent failed to obtain the tax directive and insisted on a signed agreement beforehand, evidencing lack of consensus. The respondent's defence of supervening impossibility due to Covid-19 was rejected for lack of evidence regarding its treatment of other employees and continued operations. The applicant's tender of services was accepted as fact, and the respondent's refusal to a…

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• Unfair Dismissal
• Reinstatement
• Remuneration Claim
• Settlement Agreement
• Supervening Impossibility
• Interest On Awards

Phala v Road Accident Fund (7712/2020)

Phala v Road Accident Fund (7712/2020) [2024] ZALMPPHC 56 (23 May 2024)

Court

Limpopo High Court, Polokwane

Case number

7712/2020

Judge

Mashamba

The High Court awarded a Road Accident Fund plaintiff R960,643 for loss of earnings and R500,000 in general damages after finding partial injury-related loss and applying contingencies.

• Road Accident Fund Act
• General Damages
• Loss Of Earning Capacity
• Contingency Deductions
• Expert Evidence
• Interest On Awards

Malapane v NTT Motor Investments (Pty) Ltd (JR1223/21)

Malapane v NTT Motor Investments (Pty) Ltd (JR1223/21) [2024] ZALCJHB 112 (11 March 2024)

Court

Labour Court Johannesburg

Case number

JR1223/21

Judge

Sethene

The court found that the applicant was entitled to payment of her salary for the period between 1 April 2018 and 31 March 2021, as the employer was obliged to remunerate her from the date the arbitration award became effective until its implementation. The employer's defences were rejected as contrary to established law and precedent. The court held that interest must be paid on the arrears salary at the prescribed rate, in accordance with section 143(2) of the Labour Relations Act and the arbitration award. The fact that the applicant may have performed temporary duties at a lower rate did n…

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• Unfair Dismissal
• Reinstatement
• Backpay
• Interest On Awards

Minister of Police v Gamede (A3010/2022)

Minister of Police v Gamede (A3010/2022) [2024] ZAGPJHC 23 (15 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A3010/2022

Judge

Malindi

Appeal over unlawful arrest damages and interest was dismissed. The High Court upheld R150,000 in general damages but corrected interest to run from judgment.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Interest On Awards
• Unlawful-arrest
• Unlawful-detention

Coetzee and Others v MEC for the Department of Health, Western Cape Provincial Government and Others (C 276/2021)

Coetzee and Others v MEC for the Department of Health, Western Cape Provincial Government and Others (C 276/2021) [2023] ZALCCT 48; (2024) 45 ILJ 104 (LC) (8 August 2023)

Court

Labour Court Cape Town

Case number

C 276/2021

Judge

Lagrange

The Labour Court held that interest on unpaid allowances under a collective agreement was not capped by the in duplum rule and was payable as simple interest.

• Collective Agreement Enforcement
• Interest On Awards
• In Duplum Rule
• Mora Interest
• Compound Interest
• Arbitration Award Compliance

Seventy Five on Maude (Pty) Limited v Aveng Africa (Pty) Limited t/a Aveng Grinaker LTA (003754/2022)

Seventy Five on Maude (Pty) Limited v Aveng Africa (Pty) Limited t/a Aveng Grinaker LTA (003754/2022) [2023] ZAGPJHC 564 (26 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

003754/2022

Judge

Adams

The High Court made an arbitration award an order of court, holding that a later adjudication dispute did not bar enforcement of the final award.

• Arbitration Award Enforcement
• Set Off
• Construction Contracts
• Adjudication
• Interest On Awards
• Arbitration-award-enforcement

Babcock Ntuthuko Engineering (PTY) Ltd t/a Babcock Ntuthuko Powerlince v Eskom Holdings SOC Limited (32783/2021)

Babcock Ntuthuko Engineering (PTY) Ltd t/a Babcock Ntuthuko Powerlince v Eskom Holdings SOC Limited (32783/2021) [2022] ZAGPJHC 952 (25 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

32783/2021

Judge

Makume

The court found that the parties had voluntarily agreed to resolve disputes through adjudication and, if necessary, arbitration under the NEC3 contract. The Adjudicator's decision is binding and enforceable as a contractual obligation unless and until revised by an arbitration tribunal. The Respondent filed a notice of dissatisfaction within the prescribed period but failed to proceed with arbitration, thereby breaching the contract. The Respondent's jurisdictional and substantive defences were considered and rejected, as the Adjudicator had determined all relevant issues, including jurisdict…

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• Contract Rectification
• Adjudication Enforcement
• Specific Performance
• Construction Contracts
• Jurisdictional Challenge
• Interest On Awards

R.S v Member of the Executive Council for Health of the Gauteng Provincial Government (65454/2018)

R.S v Member of the Executive Council for Health of the Gauteng Provincial Government (65454/2018) [2022] ZAGPPHC 356 (17 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

65454/2018

Judge

N P Mali

Settlement in a medical-negligence claim was made an order of court, with directions on taxation of attorney-client costs, trust creation, and trustee composition.

• Medical Negligence
• Contingency Fees Act
• Trust Administration
• Costs Taxation
• Children's Act
• Interest On Awards

Lemba and Others v Metro City Protection Services CC (C159/2020)

Lemba and Others v Metro City Protection Services CC (C159/2020) [2022] ZALCCT 11 (21 February 2022)

Court

Labour Court Cape Town

Case number

C159/2020

Judge

Lagrange

The Labour Court found the retrenchment substantively fair but procedurally unfair for failure to comply with section 189 consultations and notice requirements.

• Unfair Dismissal
• Retrenchment
• Procedural Fairness
• Severance Pay
• Notice Pay
• Interest On Awards

Muller v Public Investment Corporation (soc) Limited (PIC) (JR 3021/19)

Muller v Public Investment Corporation (soc) Limited (PIC) (JR 3021/19) [2022] ZALCJHB 82; [2022] 5 BLLR 458 (LC) (18 February 2022)

Court

Labour Court Johannesburg

Case number

JR 3021/19

Judge

G N Moshoana

The commissioner committed a gross irregularity by dismissing the applicant’s claim on the basis of non-joinder, which was neither pleaded nor appropriate in the circumstances. The Minister of Finance acted ultra vires in revising and deferring the payment of incentives, as his powers were limited to approval or disapproval, not revision or deferment. The PIC’s failure to pay the short-term and long-term incentives, despite the applicant meeting the performance criteria and the PIC recommending payment, constituted an unfair labour practice under section 186(2)(a) of the LRA. The Labour Court…

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• Unfair Labour Practice
• Arbitration Review
• Ministerial Directive
• Contractual Breach
• Non Joinder
• Interest On Awards