South Africa Case Law

Mokoma v M-Njr and Olwethu Consulting (Pty) Ltd and Others (J3/25)

Mokoma v M-Njr and Olwethu Consulting (Pty) Ltd and Others (J3/25) [2025] ZALCJHB 100 (11 March 2025)

Court

Labour Court Johannesburg

Case number

J03/25

Judge

Ramji

The Labour Court is not competent to grant an order for attachment or execution of bank accounts to satisfy a judgment debt. The correct procedure is for the judgment creditor to approach the Registrar for a writ of execution, which the sheriff may then use to attach the relevant incorporeal property, such as bank accounts, without the necessity of a prior court application. The Uniform Rules of Court and Labour Court Rule 61 make clear that judicial involvement is not required for attachment of movables or incorporeal property, including those held by third parties. The application brought b…

Source excerpt

• Writ Of Execution
• Attachment Of Incorporeal Property
• Labour Court Procedure
• Costs Award Enforcement

Landman v Deutsche Bank AG Johannesburg Branch (JS395/19)

Landman v Deutsche Bank AG Johannesburg Branch (JS395/19) [2023] ZALCJHB 44 (2 February 2023)

Court

Labour Court Johannesburg

Case number

JS395/19

Judge

Snider

The Labour Court dismissed a default judgment bid and an exception, holding that a minimal late filing caused no prejudice and that PDA damages claims can run with an automatically unfair dismissal claim.

• Automatically Unfair Dismissal
• Protected Disclosure
• Actual Damages
• Compensation
• Labour Court Procedure
• Automatically-unfair-dismissal

Nkuta v Cricket South Africa and Another (J2466/19)

Nkuta v Cricket South Africa and Another (J2466/19) [2020] ZALCJHB 48 (18 February 2020)

Court

Labour Court Johannesburg

Case number

J2466/19

Judge

GN Moshoana

The Labour Court refused leave to appeal, finding no reasonable prospects that another court would reach a different conclusion.

• Leave To Appeal
• Reasonable Prospects
• Labour Court Procedure
• Leave-to-appeal
• Reasonable-prospects
• Labour-court-procedure

Maharaj v Strate (Pty) Ltd (J1616/19)

Maharaj v Strate (Pty) Ltd (J1616/19) [2020] ZALCJHB 36 (11 February 2020)

Court

Labour Court Johannesburg

Case number

J1616/19

Judge

GN Moshoana

The Labour Court refused leave to appeal, finding no reasonable prospects that another court would reach a different conclusion.

• Leave To Appeal
• Reasonable Prospects
• Labour Court Procedure
• Leave-to-appeal
• Reasonable-prospects
• Labour-court-procedure

Makaukau v Moiloa and Others (J633/2016)

Makaukau v Moiloa and Others (J633/2016) [2016] ZALCJHB 450 (6 December 2016)

Court

Labour Court Johannesburg

Case number

J633/2016

Judge

R Harper

After the parties settled the merits, the Labour Court held it was inappropriate to award costs for the two hearings and made no order as to costs.

• Costs Award
• Settlement Agreement
• Labour Court Procedure
• Labour-court-costs
• Settlement-agreement
• Labour-court-procedure

Transnet Limited v Commission for Conciliation Mediation and Arbitration and Others (JR1690/2003)

Transnet Limited v Commission for Conciliation Mediation and Arbitration and Others (JR1690/2003) [2007] ZALC 45 (25 June 2007)

Court

Labour Court

Case number

JR1690/2003

Judge

Ngalwana

The Labour Court refused to stay certification of an arbitration award, finding that Transnet had not diligently pursued its review and was effectively delaying enforcement.

• Stay Of Enforcement
• Arbitration Award
• Review Application
• Labour Court Procedure
• Labour-court
• Arbitration-award

BTN Building Contractors v Roux (DA16/2002)

BTN Building Contractors v Roux (DA16/2002) [2003] ZALAC 4 (31 March 2003)

Court

Labour Appeal Court

Case number

DA16/2002

Judges

A N Jappie, R M M Zondo, E L Goldsten

The Labour Appeal Court dismissed an appeal against refusal to rescind a default Labour Court order, holding that the appellant failed to show good cause.

• Rescission Of Default Judgment
• Unfair Dismissal
• Good Cause Requirement
• Employment Relationship
• Labour Court Procedure
• Rescission-of-default-judgment