South Africa Case Law

Liberty Fighters Network v Core Computer Business (Pty) Ltd and Others (24942+3/2022)

Liberty Fighters Network v Core Computer Business (Pty) Ltd and Others (24942+3/2022) [2024] ZAEQC 5 (12 August 2024)

Court

Equality Court

Case number

24942+3/2022

Judge

J.S. Nyathi

The court found that the applicant, Liberty Fighters Network, failed to establish legal authority for its representative to institute proceedings on behalf of the association and its members. The Equality Court lacks jurisdiction over employment-related disputes, which fall under the Labour Relations Act and the exclusive jurisdiction of the Labour Court. The applicant failed to join the cabinet minister responsible for the Disaster Management Act and its regulations, resulting in a material non-joinder. The application did not meet the procedural requirements for certification as a class act…

Source excerpt

• Mandatory Vaccination Policy
• Jurisdiction Of Equality Court
• Class Action Certification
• Mootness
• Authority To Represent
• Non Joinder

Abrahams v van Wyk N.O and Others (PR40-23)

Abrahams v van Wyk N.O and Others (PR40-23) [2024] ZALCPE 15 (25 April 2024)

Court

Labour Court Port Elizabeth

Case number

PR40-23

Judge

Daniels

The Labour Court dismissed an application to reinstate a review deemed withdrawn for late filing, finding no proper explanation and no prospects of success.

• Practice Manual Non Compliance
• Condonation
• Review Of Arbitration Award
• Mandatory Vaccination Policy
• Gross Dishonesty
• Occupational Health And Safety

University Alliance South Africa (NPC) v Chairman of the Council of the University of the Free State and Others (A171/2022)

University Alliance South Africa (NPC) v Chairman of the Council of the University of the Free State and Others (A171/2022) [2024] ZAFSHC 82 (14 March 2024)

Court

Free State High Court, Bloemfontein

Case number

A171/2022

Judges

J J F Hefer, P J Loubser

The High Court dismissed a challenge to the University of the Free State’s mandatory Covid-19 vaccination policy as moot after the policy was suspended.

• Promotion Of Administrative Justice Act
• Bill Of Rights Limitation
• Mootness
• Mandatory Vaccination Policy
• Declaratory Relief
• Costs In Constitutional Litigation

Selepe v University of Johannesburg (2022/638)

Selepe v University of Johannesburg (2022/638) [2022] ZAGPJHC 1062 (21 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/638

Judge

Oosthuizen-Senekal CSP

The High Court dismissed an urgent challenge to the University of Johannesburg’s vaccination policy, finding the application was self-created urgency and that internal remedies were not exhausted.

• Rule 6 Urgent Applications
• Mandatory Vaccination Policy
• Internal Remedies Exhaustion
• Disaster Management Act
• Unlawful Policy Challenge
• Rule-6-urgent-applications