South Africa Case Law

Bojosinyane v Ditsobotla Local Municipality and Others (2025/013682)

Bojosinyane v Ditsobotla Local Municipality and Others (2025/013682) [2025] ZALCJHB 222 (9 June 2025)

Court

Labour Court Johannesburg

Case number

2025/013682

Judge

M Makhura

The Labour Court recorded the first respondent’s withdrawal of leave to appeal and struck the second and third respondents’ application off the roll for non-compliance with the rules.

• Leave To Appeal Procedure
• Withdrawal Of Application
• Non Compliance With Court Rules
• Leave-to-appeal-procedure
• Withdrawal-of-application
• Non-compliance-with-court-rules

Phosa v Ekurhuleni Metropolitan Municipality (J14/22)

Phosa v Ekurhuleni Metropolitan Municipality (J14/22) [2025] ZALCJHB 121 (11 March 2025)

Court

Labour Court Johannesburg

Case number

J14/22

Judge

M Makhura

The Labour Court struck an application for leave to appeal from the roll because the municipality did not comply with Rule 67’s service and filing requirements.

• Automatic Unfair Dismissal
• Leave To Appeal Procedure
• Labour Court Rules
• Labour-court-rules
• Leave-to-appeal-procedure
• Labour-law

Democratic Alliance v Speaker of the Knysna Municipal Council and Others (4247/2023; 4441/2023)

Democratic Alliance v Speaker of the Knysna Municipal Council and Others (4247/2023; 4441/2023) [2024] ZAWCHC 141 (28 May 2024)

Court

Western Cape High Court, Cape Town

Case number

4247/2023; 4441/2023

Judge

M Pangarker

The court struck an unauthorised leave to appeal application from the roll and granted section 18 relief, keeping the 10 May 2024 orders operative pending appeal.

• Municipal Manager Appointment
• Section 18 Superior Courts Act
• Leave To Appeal Procedure
• Authority To Act
• Exceptional Circumstances
• Irreparable Harm

Maloisane v Judge President of the Labour Court and Others (J 2024/19)

Maloisane v Judge President of the Labour Court and Others (J 2024/19) [2022] ZALCJHB 331 (25 November 2022)

Court

Labour Court Johannesburg

Case number

J 2024/19

Judge

Mamabolo

The Labour Court dismissed an application for leave to appeal after finding it had not been served on the third respondent and was therefore fatally defective.

• Leave To Appeal Procedure
• Service Of Process
• Practice Manual Compliance
• Leave-to-appeal-procedure
• Service-of-process
• Practice-manual-compliance

Mlungu v Commission for Conciliation, Mediation and Arbitration and Others (JR1865/19)

Mlungu v Commission for Conciliation, Mediation and Arbitration and Others (JR1865/19) [2021] ZALCJHB 296 (22 September 2021)

Court

Labour Court Johannesburg

Case number

JR1865/19

Judge

Tlhotlhalemaje

The Labour Court dismissed an application for leave to appeal because the applicant failed to file the required written submissions within the prescribed time.

• Condonation
• Late Referral
• Unfair Dismissal
• Leave To Appeal Procedure
• Leave-to-appeal-procedure
• Labour-court-procedure

National Credit Regulator v Lewis Stores (Pty) Ltd and Another (937/18)

National Credit Regulator v Lewis Stores (Pty) Ltd and Another (937/18) [2019] ZASCA 190; 2020 (2) SA 390 (SCA); [2020] 2 All SA 31 (SCA) (13 December 2019)

Court

Supreme Court of Appeal

Case number

937/18

Judges

Wallis, Nicholls, Dlodlo, Eksteen, Hughes

The Supreme Court of Appeal held that the errors in the documentation of extended warranties did not render the agreements void or unlawful, as the actual agreements between Lewis and its customers were honoured and provided the intended two-year cover beyond the supplier's warranty. The written document is evidence of the agreement, not a constitutive requirement, and extrinsic evidence may be considered where there is no dispute as to the substance of the agreement. Club fees were found to be unrelated to the credit agreement, optional, and not a cost of credit under the National Credit Act…

Source excerpt

• National Credit Act
• Extended Warranty Agreements
• Cost Of Credit
• Club Fees
• Statutory Appeals
• Leave To Appeal Procedure

Conradie v S (CCT224/17)

Conradie v S (CCT224/17) [2018] ZACC 12; 2018 (7) BCLR 757 (CC) (25 April 2018)

Court

Constitutional Court

Case number

CCT 224/17

Judges

Mogoeng, Zondo, Cameron, Froneman, Jafta, Kollapen, Kathree Setiloane, Madlanga, Mhlantla, Theron, Zondi

The Constitutional Court dismissed Conradie’s leave-to-appeal application, holding that the absence of the trial record did not infringe section 35(3)(o) in this case.

• Right To Fair Trial
• Leave To Appeal Procedure
• Section 35 3 O
• Trial Record Requirement
• Right-to-fair-trial
• Leave-to-appeal

Msiza and Another v South African Local Government Bargaining Council and Others (JR1263/12)

Msiza and Another v South African Local Government Bargaining Council and Others (JR1263/12) [2017] ZALCJHB 99 (24 March 2017)

Court

Labour Court Johannesburg

Case number

JR1263/12

Judge

Mthombeni

The Labour Court dismissed a late application for leave to appeal because the applicants failed to comply with Rule 30(3A) and the Practice Manual, and had no prospects of success.

• Condonation Of Late Filing
• Leave To Appeal Procedure
• Practice Manual Compliance
• Condonation-for-late-filing
• Leave-to-appeal
• Labour-court-procedure

Leeto v Ditsobotla Local Municipality and Another (J2308/15)

Leeto v Ditsobotla Local Municipality and Another (J2308/15) [2016] ZALCJHB 172 (9 May 2016)

Court

Labour Court Johannesburg

Case number

J2308/15

Judge

Nkutha-Nkontwana

The applicant disputed the authority of the respondents' attorneys within the time prescribed by Rule 7 of the Uniform Rules of High Court. The respondents' attorneys failed to deliver any power of attorney or other proof of authority to act on behalf of the first respondent. In the absence of such proof, the only reasonable inference is that the attorneys were not duly mandated. Furthermore, the attorneys failed to prosecute the application for leave to appeal in respect of the second respondent, as no written submissions were filed. Accordingly, the application for leave to appeal was not p…

Source excerpt

• Authority Of Attorney
• Rule 7 Uniform Rules
• Mandate Challenge
• Leave To Appeal Procedure

Knipe and Others v Lotz and Others (5081/2014, 4817/2014)

Knipe and Others v Lotz and Others (5081/2014, 4817/2014) [2016] ZAFSHC 21 (11 February 2016)

Court

Free State High Court, Bloemfontein

Case number

5081/2014, 4817/2014

Judge

G.J.M. Wright

High Court Rule 30 application dismissed after challenge to notices of set-down for leave to appeal. Costs were awarded against the applicants.

• Rule 30 Irregular Steps
• Rule 49 Set Down
• Practice Rule 16
• Costs Order
• Postponement
• Leave To Appeal Procedure