South Africa Case Law

Els v Health Professions Council of South Africa and Others (965/2023)

Els v Health Professions Council of South Africa and Others (965/2023) [2024] ZAWCHC 112; [2024] 3 All SA 228 (WCC) (25 April 2024)

Court

Western Cape High Court, Cape Town

Case number

965/2023

Judge

P.A.L. Gamble

The applicant is not entitled to an internal appeal against an interlocutory ruling of the Conduct Committee during an ongoing disciplinary enquiry. Regulation 11 of both the 2009 and 2023 Regulations only permits an internal appeal after a final finding and imposition of penalty, not in medias res. The High Court will only intervene in ongoing proceedings in exceptional circumstances, which are not present in this case. The applicant’s approach constitutes a delaying tactic consistent with the 'Stalingrad' strategy, and she has alternative remedies available after the inquiry concludes. The…

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• Disciplinary Proceedings
• Interim Interdict
• Internal Appeal Rights
• Admissibility Of Evidence
• Stalingrad Tactics

Paarl Coldset (PTY LTD) v Singh (DA1/2021)

Paarl Coldset (PTY LTD) v Singh (DA1/2021) [2022] ZALAC 98; (2022) 43 ILJ 2010 (LAC); [2022] 10 BLLR 920 (LAC) (2 June 2022)

Court

Labour Appeal Court

Case number

DA1/2021

Judges

Phatshoane, Savage, Phatudi

The majority held that the Labour Court erred by treating the review as an appeal and failing to apply the correct test for review of arbitration awards. The arbitrator's decision that dismissal was fair fell within the bounds of reasonableness, given the respondent's repeated misconduct and refusal to comply with the disciplinary sanction. The respondent's conduct, including his failure to apologise as required, justified dismissal despite his long service and clean record. The Labour Court's substitution of reinstatement was not sustainable on appeal. The minority (Phatudi AJA) dissented, f…

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• Unfair Dismissal
• Progressive Discipline
• Remedies For Unfair Dismissal
• Internal Appeal Rights
• Trust Relationship
• Compensation For Unfair Dismissal

Rainbow Junction Development and Another v City of Tshwane Metropolitan Municipality and Others (82434/2019)

Rainbow Junction Development and Another v City of Tshwane Metropolitan Municipality and Others (82434/2019) [2022] ZAGPPHC 10 (12 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

82434/2019

Judge

Phahlane

The court held that section 51 of SPLUMA and section 20 of the By-laws do not grant a right of appeal to persons who did not participate in the initial township planning hearing. The statutory scheme restricts the right of appeal to those who were parties to the original proceedings and delivered written notice within the prescribed period. The applicants, having consciously chosen not to object or participate, cannot claim a right of appeal or notice. The court found that a broader interpretation would undermine the statutory purpose, render the public participation process redundant, and le…

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• Promotion Of Administrative Justice Act
• Spatial Planning And Land Use Management Act
• Municipal By Laws
• Internal Appeal Rights
• Locus Standi
• Statutory Interpretation

Appiah v Cricket South Africa and Another (J731/20)

Appiah v Cricket South Africa and Another (J731/20) [2020] ZALCJHB 119 (13 August 2020)

Court

Labour Court Johannesburg

Case number

J731/20

Judge

Nkutha-Nkontwana

The Labour Court dismissed an urgent bid to enforce an internal appeal outcome, holding the appeal body had exceeded its limited contractual mandate.

• Specific Performance
• Disciplinary Code Enforcement
• Employment Contract Breach
• Internal Appeal Rights
• Specific-performance
• Employment-contract

Mampane N.O and Others v National Union of Public Service and Allied Workers ("NUPSAW") and Another (JA51/2018)

Mampane N.O and Others v National Union of Public Service and Allied Workers ("NUPSAW") and Another (JA51/2018) [2019] ZALAC 64; [2020] 2 BLLR 115 (LAC) ; (2020) 41 ILJ 363 (LAC) (16 October 2019)

Court

Labour Appeal Court

Case number

JA51/2018

Judges

Waglay, Murphy, Kathree-Setiloane

The Labour Appeal Court held that the evidence did not establish any right for the employee to an internal appeal against the relocation decision under the policy or otherwise. Even if such a right existed, the Commissioner personally reconsidered the appeal. Furthermore, the Commissioner had statutory authority under section 2D of the Lotteries Act to delegate powers to the Human Capital Manager, and clause 9 of the policy imposed no limitation on this delegation. The relocation decision was governed by a collective agreement, which is binding and not subject to review unless extended to non…

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• Delegation Of Powers
• Collective Agreement
• Internal Appeal Rights
• Review Of Administrative Action
• Costs Award

Escarpment Environment Protection Group and Another v Department of Water Affairs and Another (WT 03/06/2010)

Escarpment Environment Protection Group and Another v Department of Water Affairs and Another (WT 03/06/2010) [2011] ZAWT 13 (21 July 2011)

Court

Water Tribunal

Case number

WT 03/06/2010

Judges

LJ Lekale, H Thompson, A.S Makhanya

The Water Tribunal dismissed an appeal for lack of standing, holding that only objectors called under section 41(4) of the National Water Act may appeal.

• National Water Act
• Locus Standi
• Internal Appeal Rights
• Public Participation
• Promotion Of Administrative Justice Act
• Locus-standi

Escarpment Environment Protection Group and Another v Department of Water Affairs and Another (WT25/11/2009)

Escarpment Environment Protection Group and Another v Department of Water Affairs and Another (WT25/11/2009) [2011] ZAWT 11 (20 July 2011)

Court

Water Tribunal

Case number

WT25/11/2009

Judges

LJ Lekale, Dr W Singo, H Thompson, A.S Makhanya

The Tribunal held that it is bound by the National Water Act and cannot extend the right of appeal beyond the persons specified in section 148(1). Since no public notice calling for objections was published as contemplated by section 41(4), the appellants do not qualify as objectors entitled to appeal. The Tribunal rejected the argument that the Act should be interpreted subject to NEMA or the Constitution in a manner that would confer standing on the appellants, finding no constitutional inconsistency in the statutory scheme. The Tribunal further clarified that PAJA does not create internal…

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• National Water Act
• Locus Standi
• Public Participation
• Internal Appeal Rights
• Statutory Interpretation

Syntell (Pty) Ltd v City of Cape Town and Another (17780/2007)

Syntell (Pty) Ltd v City of Cape Town and Another (17780/2007) [2008] ZAWCHC 120 (13 March 2008)

Court

Western Cape High Court, Cape Town

Case number

17780/2007

Judge

Sven Olivier

The court held that Syntell was entitled to an internal appeal under section 62 of the Municipal Systems Act because the City's award of the tender to Actaris was expressly made subject to a 21-day appeal period, with no rights accruing to Actaris until any appeal was finalized. The Reader judgment did not apply to this situation, as the tender award was conditional and did not create accrued rights at the time of notification. The City's refusal to determine Syntell's appeal was unlawful, and Syntell was entitled to a declaratory order confirming its right to appeal, as well as an interdict…

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• Municipal Systems Act
• Internal Appeal Rights
• Procurement Tender Awards
• Accrued Rights
• Functus Officio
• Declaratory Relief