South Africa Case Law

NEHAWU obo Ngomane v Department of Employment and Labour and Others (JR 2482/19)

NEHAWU obo Ngomane v Department of Employment and Labour and Others (JR 2482/19) [2023] ZALCJHB 174; [2023] 9 BLLR 964 (LC) (8 June 2023)

Court

Labour Court Johannesburg

Case number

JR 2482/19

Judge

Van Niekerk

The court found that the second respondent failed to properly consider all relevant circumstances in refusing reinstatement. The decision focused narrowly on whether the applicant was absent for a calendar month, disregarding mitigating evidence such as the traditional healer's certificate and the applicant's return to work. The respondents did not evaluate less restrictive measures or the proportionality of dismissal, nor did they reflect on alternatives or the applicant's health. The refusal to reinstate was thus irrational and arbitrary, warranting review and setting aside of the decision.

Source excerpt

• Public Service Act
• Deemed Dismissal
• Reinstatement
• Irrationality Review
• Jurisdictional Precondition

Van Schalkwyk and Others v Minister of Justice and Constitutional Development and Others (49476/15)

Van Schalkwyk and Others v Minister of Justice and Constitutional Development and Others (49476/15) [2017] ZAGPPHC 416 (1 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

49476/15

Judge

Hughes

The High Court held that the Magistrates Commission had made the required recommendation under section 16(1), so the regulations and code of conduct were valid.

• Promulgation Of Regulations
• Code Of Conduct For Magistrates
• Jurisdictional Precondition
• Procedural Fairness
• Judicial Review
• Judicial-review

Mthethwa v ABSA Bank Limited (NCT/3907/2012/128(1) (P) NCA)

Mthethwa v ABSA Bank Limited (NCT/3907/2012/128(1) (P) NCA) [2013] ZANCT 50 (9 October 2013)

Court

National Consumer Tribunal

Case number

NCT/3907/2012/128(1) (P) NCA

Judges

J Maseko, L Best, X May

The Tribunal dismissed a review of a vehicle sale because the consumer had not first tried to resolve the dispute with the credit provider after the sale.

• National Credit Act
• Review Of Sale Of Goods
• Procedural Compliance
• Jurisdictional Precondition
• National-credit-act
• Review-of-sale-of-goods

South African Breweries and Others v Competition Commision (134/CR/DEC07)

South African Breweries and Others v Competition Commision (134/CR/DEC07) [2011] ZACT 73; [2011] 2 CPLR 403 (CT) (16 September 2011)

Court

Competition Tribunal

Case number

134/CR/DEC07

Judges

Norman Manoim, Yasmin Carrim, Merle Holden

The Tribunal dismissed a competition referral, holding it was not founded on the original complaint and therefore fell outside its jurisdiction.

• Complaint Initiation
• Jurisdictional Precondition
• Referral Requirements
• Amendment Of Initiating Document
• Price Discrimination
• Exclusive Territories

Papercor CC v Finwood Papers (Pty) Ltd and Others

Papercor CC v Finwood Papers (Pty) Ltd and Others [2000] ZACT 44 (20 October 2000)

Court

Competition Tribunal

Case number

51/IR/Apr00

Judges

Norman Manoim, U. Bhoola, C. Qunta

The Tribunal dismissed Papercor’s interim relief application because no complaint had yet been lodged with the Competition Commission when proceedings began.

• Interim Relief
• Jurisdictional Precondition
• Complaint Initiation
• Natural Justice
• Competition-law
• Interim-relief