Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Labour Law [2012] ZALCJHB 146

Ncgongo v University of South Africa and Another (J 2950/2011)

Ncgongo v University of South Africa and Another (J 2950/2011) [2012] ZALCJHB 146; (2012) 33 ILJ 2100 (LC) (23 February 2012)

Court
Labour Court Johannesburg
Case number
J 2950/2011
Judge
AC Basson

The Labour Court found that the Disciplinary Code is a guideline and may be departed from in exceptional circumstances. The panel had discretion to permit external legal representation for UNISA, given the complexity of the charges, the unsuitability of internal initiators due to conflicts, and the need for fairness. The applicant, as an admitted attorney, was not prejudiced and had the opportunity to appoint his own legal representative. The urgency was self-created, as the applicant delayed launching the application and participated in the proceedings after the panel's ruling. The panel's d…

Source excerpt

  • Disciplinary Code Deviation
  • Legal Representation In Internal Hearings
  • Urgent Interdict
  • Review Of Panel Ruling
Read case analysis
Labour Law [2011] ZALCJHB 75

Mashiya v Sirkhot NO and Others (J1744/11)

Mashiya v Sirkhot NO and Others (J1744/11) [2011] ZALCJHB 75; [2012] 2 BLLR 183 (LC); (2012) 33 ILJ 420 (LC) (30 August 2011)

Court
Labour Court Johannesburg
Case number
J1744/11
Judge
A J Steenkamp

The court found that the applicant failed to establish a reasonable apprehension of bias on the part of the chairperson, Adv Sirkhot. The chairperson's refusal to allow legal representation was a reasonable exercise of discretion under the SMS Handbook, and his prior involvement in other disciplinary matters did not amount to bias. The alleged altercation between the chairperson and the union representative was no more than robust debate and did not indicate bias. The appointment of the chairperson was not irregular, and no evidence suggested improper influence. The applicant did not adequate…

Source excerpt

  • Recusal Of Chairperson
  • Reasonable Apprehension Of Bias
  • Disciplinary Hearing Procedure
  • Legal Representation In Internal Hearings
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.