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South Africa decisions
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Bhele v Super Squad Trading (Pty) Ltd (C266/19) [2025] ZALCCT 32 (19 May 2025)
The Labour Court dismissed a review of an arbitration award confirming dismissal for alleged incitement to engage a truck handbrake during a phone call.
J.M v Refugee Appeal Board and Others (13427/2012) [2015] ZAWCHC 139 (17 August 2015)
The court found that the applicant was denied a fair hearing due to procedural irregularities, specifically the lack of a competent interpreter, which led to damaging credibility findings and a failure to properly consider her asylum claim. The Refugee Status Determination Officer and Refugee Appeal Board did not adequately assess the political context and human rights situation in Rwanda, nor did they inform the applicant of the evidentiary burden. The court held that these errors rendered the administrative decisions unreasonable and unlawful. However, the court declined to substitute its o…
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Katsshingu v Chairperson of Standing Committee for refugees Affairs and Others (19726/2010) [2011] ZAWCHC 480 (2 November 2011)
The court found that the applicant was denied a fair hearing due to the failure of the respondents to provide competent interpretation and to ensure he understood the procedures and his rights. The decisions of the first and second respondents were irrational and unreasonable, as they did not address the applicant's actual circumstances and failed to apply their minds to the facts. Given the respondents' demonstrated incompetence, the absence of any dispute regarding the applicant's account, and the prolonged delay in resolving the matter, the court held that this was an exceptional case just…
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S v Mondlane and Another (CA 202/04) [2005] ZANWHC 78 (27 October 2005)
Criminal appeal over a stolen vehicle conviction. The court substituted a section 36 conviction for the first appellant and set aside the second appellant’s conviction.
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