South Africa Case Law

Van Schalkwyk v Minister of Justice and Constitutional Development and Others (24910/2021)

Van Schalkwyk v Minister of Justice and Constitutional Development and Others (24910/2021) [2024] ZAGPJHC 300; [2024] 6 BLLR 640 (GJ) (19 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

24910/2021

Judge

Twala M L

The court found that all issues raised by the applicant in the application for leave to appeal had already been considered in the main judgment. The applicant failed to demonstrate reasonable prospects of success or any compelling reason for the appeal to be heard. The court was not persuaded that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed.

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• Judicial Review
• Magistrates Act
• Leave To Appeal
• Misconduct Proceedings

Hole v Magistrate Commission of South Africa (95280/16)

Hole v Magistrate Commission of South Africa (95280/16) [2017] ZAGPPHC 228 (30 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

95280/16

Judge

N V Khumalo

The applicant failed to establish a clear or prima facie right to continued remuneration pending the Parliamentary process. The Magistrates Act provides that salary may be withheld upon determination by the Commission, subject to Parliamentary confirmation. The applicant has been found guilty of serious misconduct and is unfit to hold office, justifying the Commission's determination. The applicant did not provide sufficient factual basis to demonstrate irreparable harm or prejudice resulting from the withholding of salary. The prospects of success in the main application are low, and the bal…

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• Judicial Officer Removal
• Interim Interdict
• Salary Withholding
• Magistrates Act
• Procedural Fairness

President of South Africa and Others v Reinecke (210/13)

President of South Africa and Others v Reinecke (210/13) [2014] ZASCA 3; 2014 (3) SA 205 (SCA); [2014] 5 BLLR 419 (SCA); [2014] 2 All SA 376 (SCA); (2014) 35 ILJ 1485 (SCA) (28 February 2014)

Court

Supreme Court of Appeal

Case number

210/13

Judges

Mpati, Wallis, Petse, Saldulker, Van Zyl

The Supreme Court of Appeal held that, even if magistrates are employees of the State, their appointment, discipline, and discharge are governed by statute, specifically the Magistrates Act and its regulations. The respondent's grievances regarding his working conditions and removal from relief duties were matters for public law remedies, such as judicial review or interdict, not contractual damages. The chief magistrate had no authority to repudiate any contract or dismiss the respondent, and the statutory process for discharge was not followed. Recognising a contractual remedy for damages i…

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• Constructive Dismissal
• Repudiation Of Contract
• Employment Status Of Magistrates
• Public Law Remedies
• Magistrates Act
• Unfair Labour Practice

Claassen v President of the Republic of South Africa and Others (2338/09)

Claassen v President of the Republic of South Africa and Others (2338/09) [2010] ZAECPEHC 17 (6 May 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2338/09

Judge

Kroon

The court held that a divorce court president is not entitled to regional court president remuneration. The application for declaratory and monetary relief was dismissed.

• Statutory Interpretation
• Remuneration Of Public Office Bearers
• Magistrates Act
• Administration Amendment Act
• Judicial Remuneration
• Declaratory Relief