South Africa Case Law

Mzalazala v Eastern Cape Department of Arts, Sports and Culture and Another (297/2025)

Mzalazala v Eastern Cape Department of Arts, Sports and Culture and Another (297/2025) [2025] ZAECMKHC 19 (25 February 2025)

Court

Eastern Cape High Court, Makhanda

Case number

297/2025

Judge

J.M Roberson

The High Court stayed further salary deductions linked to disputed incapacity leave, pending final resolution of the labour dispute before the Bargaining Council.

• Salary Deductions
• Temporary Incapacity Leave
• Basic Conditions Of Employment Act
• Urgent Interdict
• Internal Dispute Resolution
• Salary-deductions

Swallows FC v Wowowo and Another (045818/2022 ; 046387/2022)

Swallows FC v Wowowo and Another (045818/2022 ; 046387/2022) [2022] ZAGPPHC 949 (9 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

045818/2022 ; 046387/2022

Judge

S Cowen

The court held that, under the NSL Handbook and SAFA regulatory framework, the default position is that the lodgment of an appeal to the SAFA Arbitration Tribunal does not suspend the operation of a DRC award in non-disciplinary matters. Article 125(2) of the SAFA Disciplinary Code does not apply to such appeals. However, an aggrieved party may request the arbitrator to suspend the award pending the outcome of the appeal, as the arbitrator's powers are sufficiently broad under Article 81(11) of the SAFA Disciplinary Code and Article 58(6) of the SAFA Statute. Temporary interdicts were granted…

Source excerpt

• Internal Dispute Resolution
• Temporary Interdict
• Sports Arbitration
• Appeal Suspensive Effect
• Interpretation Of Regulations

Hlela and Others v Sithole and Others (2019/38225)

Hlela and Others v Sithole and Others (2019/38225) [2021] ZAGPJHC 356 (28 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2019/38225

Judge

G Ally

The court upheld an exception to special pleas in a church dispute, finding a triable issue on membership-based standing, but dismissed the exception to the plea over.

• Locus Standi
• Internal Dispute Resolution
• Exception Procedure
• Church Membership
• Pleading Requirements
• Locus-standi

Regskommissaris van die Christelike Evangelie Sendingkerk van Suid-Afrika v Daniels (5361/2008)

Regskommissaris van die Christelike Evangelie Sendingkerk van Suid-Afrika v Daniels (5361/2008) [2009] ZAWCHC 99 (19 June 2009)

Court

Western Cape High Court, Cape Town

Case number

5361/2008

Judge

Schippers

The court dismissed an urgent interdict application over church leadership, finding the applicants lacked locus standi and that material disputes of fact could not be resolved on affidavit.

• Locus Standi
• Interdict
• Church Governance
• Voluntary Association
• Internal Dispute Resolution
• Locus-standi

Theron and Others v Food & Allied Workers Union and Others (C52; C53/97)

Theron and Others v Food & Allied Workers Union and Others (C52; C53/97) [1997] ZALC 3 (10 June 1997)

Court

Labour Court

Case number

C52; C53/97

Judge

D Mlambo

The Labour Court found FAWU’s 7 February 1997 NEC resolution invalid for want of a quorum, but upheld the later meeting and dismissed the second application.

• Trade Union Governance
• Freedom Of Association
• Internal Dispute Resolution
• Natural Justice
• Union Constitution Interpretation
• Trade-union-governance