South Africa Case Law

Sibanye Gold Limited t/a Sibanye Still Water v Commission for Conciliation, Mediation and Arbitration and Others (JR 1898/2020)

Sibanye Gold Limited t/a Sibanye Still Water v Commission for Conciliation, Mediation and Arbitration and Others (JR 1898/2020) [2025] ZALCCT 22; (2025) 46 ILJ 1416 (LC) (10 April 2025)

Court

Labour Court Cape Town

Case number

JR 1898/2020

Judge

Lagrange

The Labour Court reinstated and dismissed a review of an arbitration award that reinstated an employee for inappropriate pressure during a violent strike but not intimidation.

• Unfair Dismissal
• Intimidation
• Disciplinary Code
• Review Of Arbitration Award
• Strike Action
• Final Written Warning

Association Of Mineworkers And Construction Union (AMCU) obo Madinane and Others v Department Of Agriculture Rural Development Land and Environmental Affairs (JS995/20)

Association Of Mineworkers And Construction Union (AMCU) obo Madinane and Others v Department Of Agriculture Rural Development Land and Environmental Affairs (JS995/20) [2024] ZALCJHB 44 (26 January 2024)

Court

Labour Court Johannesburg

Case number

JS995/20

Judge

M T M Phehane

The Labour Court upheld dismissal for most workers who struck over TERS payments, but found Mr. Mnisi’s dismissal substantively unfair and awarded him compensation.

• Unprotected Strike
• Unfair Dismissal
• Disciplinary Procedure
• Compensation
• Intimidation
• Remorse And Trust

Mogalakwena Municipality v South African Municipal Workers Union (SAMWU) and Others (J 1202/2022)

Mogalakwena Municipality v South African Municipal Workers Union (SAMWU) and Others (J 1202/2022) [2022] ZALCJHB 332 (11 November 2022)

Court

Labour Court Johannesburg

Case number

J 1202/2022

Judge

Prinsloo

The Labour Court confirmed a final interdict against union members who unlawfully disrupted municipal operations, intimidated staff, and blocked access at the municipality.

• Final Interdict
• Unlawful Conduct
• Strike Definition
• Intimidation
• Municipal Services
• Costs In Labour Court

Adams and Another v S (A135/2022; CC47/2021)

Adams and Another v S (A135/2022; CC47/2021) [2022] ZAWCHC 201 (17 October 2022)

Court

Western Cape High Court, Cape Town

Case number

A135/2022; CC47/2021

Judge

Thulare

Bail appeal dismissed where the High Court found no exceptional circumstances for release, given serious organised-crime allegations and witness testimony.

• Bail Application
• Exceptional Circumstances
• Organised Crime
• Gang Related Offences
• Section 204 Witnesses
• Intimidation

Bothaville Milling (Pty) Ltd t/a Thuso Mills v National Emancipated & Allied Workers Union of South Africa ("NEAWUSA") and Others (2657/2021)

Bothaville Milling (Pty) Ltd t/a Thuso Mills v National Emancipated & Allied Workers Union of South Africa ("NEAWUSA") and Others (2657/2021) [2021] ZAFSHC 232 (5 October 2021)

Court

Free State High Court, Bloemfontein

Case number

2657/2021

Judge

C L Page

The High Court confirmed a rule nisi interdicting unlawful conduct during industrial action, holding it had concurrent jurisdiction over alleged rights violations.

• Final Interdict
• Jurisdiction Of High Court
• Industrial Action
• Malicious Damage To Property
• Intimidation
• Violation Of Fundamental Rights

Vaalharts Water Users Association t/a Vaalharts Water v Williams (1926/2020)

Vaalharts Water Users Association t/a Vaalharts Water v Williams (1926/2020) [2021] ZANCHC 27 (2 July 2021)

Court

Northern Cape High Court, Kimberley

Case number

1926/2020

Judge

Stanton

The High Court confirmed a final interdict restraining the respondent from entering specified properties and offices, citing threats, trespass concerns, and no adequate alternative remedy.

• Final Interdict
• Trespass Act
• Lis Pendens
• Alternative Remedy
• Costs Order
• Final-interdict

Association of Mineworkers and Construction Union obo Matshikica and Others v Anglo Platinum Mines Limited (Union Section) Siyanda Bikgatla (JS 726/2018)

Association of Mineworkers and Construction Union obo Matshikica and Others v Anglo Platinum Mines Limited (Union Section) Siyanda Bikgatla (JS 726/2018) [2021] ZALCJHB 71 (28 May 2021)

Court

Labour Court Johannesburg

Case number

JS 726/2018

Judge

S Mabaso

The Labour Court dismissed AMCU’s unfair dismissal application for lack of jurisdiction, finding the dismissals were for intimidation and incitement, not participation in an unprotected strike.

• Unfair Dismissal
• Jurisdiction Of Labour Court
• Intimidation
• Incitement
• Unprotected Strike
• Labour-law

San Michele Home NPC v Mahlangu NO and Others (JR1692/19)

San Michele Home NPC v Mahlangu NO and Others (JR1692/19) [2021] ZALCJHB 9 (10 February 2021)

Court

Labour Court Johannesburg

Case number

JR1692/19

Judge

Tlhotlhalemaje

The Labour Court found that the Commissioner made contradictory and speculative findings, failing to properly apply his mind to the material evidence. The employees were positively identified as participants in the unprotected strike and acts of intimidation, and their explanations for involvement were not credible. The Commissioner ignored the impact of the misconduct on the employer's operations and the vulnerable persons in its care. The employees' personal circumstances, including long service, did not outweigh the seriousness of the misconduct. The arbitration award was unreasonable and…

Source excerpt

• Unprotected Strike
• Substantive Fairness Of Dismissal
• Review Of Arbitration Award
• Intimidation
• Reinstatement
• Mitigating Factors

Molaba v S (R04/2021)

Molaba v S (R04/2021) [2021] ZAFSHC 16 (29 January 2021)

Court

Free State High Court, Bloemfontein

Case number

R04/2021

Judges

O.R. Majosi, N.M. Mbhele

The High Court confirmed convictions for malicious injury to property and intimidation, but set aside the sentence because the suspended term did not properly cover both offences.

• Malicious Injury To Property
• Intimidation
• Suspended Sentence
• Sentencing Principles
• Statutory Vs Common Law Offences
• Criminal-law

WBHO Construction (Pty) Ltd v Hlatshwayo N.O and Others (JA66/2018)

WBHO Construction (Pty) Ltd v Hlatshwayo N.O and Others (JA66/2018) [2020] ZALAC 28; (2020) 41 ILJ 2144 (LAC); [2020] 12 BLLR 1238 (LAC) (29 May 2020)

Court

Labour Appeal Court

Case number

JA66/2018

Judges

Davis JA, Sutherland JA, Murphy AJA

The Labour Appeal Court held that WBHO workers’ intimidation and site shutdown justified dismissal, overturning reinstatement and the CCMA award.

• Unfair Dismissal
• Intimidation
• Protected Strike
• Disciplinary Procedure
• Review Of Arbitration Award
• Unfair-dismissal