South Africa Case Law

Public Investment Corporation v More and Others (JR 2121/2022)

Public Investment Corporation v More and Others (JR 2121/2022) [2025] ZALCJHB 159; (2025) 46 ILJ 1775 (LC) (16 April 2025)

Court

Labour Court Johannesburg

Case number

JR 2121/2022

Judge

Prinsloo

The Labour Court held that the CCMA commissioners committed a material error of law by applying the Prescription Act to internal disciplinary proceedings. The Prescription Act governs the litigation of debts in civil court proceedings and does not apply to disciplinary hearings, which are not civil litigation nor claims for a debt. The employer's right to discipline is a labour law prerogative, not a claim for payment, delivery, or rendering of services. The commissioners' finding that the disciplinary charges and dismissal were incompetent due to prescription was incorrect in law. The arbitr…

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• Prescription Act
• Disciplinary Proceedings
• Unfair Dismissal
• Review Of Arbitration Award
• Material Error Of Law

Department of Public Service and Administration v Naidoo N.O. and Others (JR2348/18)

Department of Public Service and Administration v Naidoo N.O. and Others (JR2348/18) [2024] ZALCJHB 138 (7 March 2024)

Court

Labour Court Johannesburg

Case number

JR2348/18

Judge

S Snyman

Labour Court review of a PSCBC award: clause 18.1 of PSCBC Resolution 1 of 2012 did not justify retrospective salary upgrades for the employees.

• Collective Agreement Interpretation
• Arbitration Review
• Salary Grading
• Material Error Of Law
• Unfair Labour Practice
• Job Evaluation

Herbert v Head Education - Western Cape Education and Others (CA3/2021)

Herbert v Head Education - Western Cape Education and Others (CA3/2021) [2022] ZALAC 9; (2022) 43 ILJ 1618 (LAC); [2022] 8 BLLR 712 (LAC) (10 March 2022)

Court

Labour Appeal Court

Case number

CA3/2021

Judges

Coppin JA, Savage AJA, Tokota AJA

The Labour Appeal Court held that a psychometrist’s pre-registration experience did not count as “relevant experience” for grade 3 translation under the OSD agreement.

• Collective Agreements
• Interpretation Of Collective Agreements
• Salary Dispensation
• Career Progression
• Review Of Arbitration Awards
• Material Error Of Law

Premier of the Western Cape Province v Public Protector & Another (771/2020)

Premier of the Western Cape Province v Public Protector & Another (771/2020) [2022] ZASCA 16; [2022] 2 All SA 95 (SCA); 2022 (3) SA 121 (SCA) (7 February 2022)

Court

Supreme Court of Appeal

Case number

771/2020

Judges

Van der Merwe, Molemela, Schippers, Nicholls, Mabindla-Boqwana

The Supreme Court of Appeal found that the Public Protector materially erred in law by misinterpreting section 16(2)(b) of the Constitution and failing to apply the objective standard required for assessing whether the appellant's tweets constituted unprotected speech. The Public Protector conflated the impact of the tweets with their unlawfulness, relying on subjective public reaction rather than objective analysis. There was no evidence that the tweets incited imminent violence or breached the Executive Ethics Code. The findings and remedial action were not rationally connected to the evide…

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• Executive Ethics Code
• Freedom Of Expression
• Judicial Review
• Material Error Of Law
• Remedial Action
• Right To Dignity

Civil and Power Generation Projects (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2473/16)

Civil and Power Generation Projects (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2473/16) [2019] ZALCJHB 58; (2019) 40 ILJ 2055 (LC) (22 March 2019)

Court

Labour Court Johannesburg

Case number

JR2473/16

Judge

S Snyman

The Labour Court reviewed an arbitration award on bonus forfeiture, holding that unprotected rolling strike action caused loss of the entire annual project bonus.

• Collective Agreement Interpretation
• Unprotected Strike Action
• Project Bonus Forfeiture
• Material Error Of Law
• Arbitration Review
• Labour Relations Act

Trencon (Pty) Ltd v Industrial Development Corporation of South Africa Ltd and Another (58961/2012, 70100/2012)

Trencon (Pty) Ltd v Industrial Development Corporation of South Africa Ltd and Another (58961/2012, 70100/2012) [2013] ZAGPPHC 147 (3 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

58961/2012, 70100/2012

Judge

Mothle

The court found that IDC's decision to declare Trencon's bid non-responsive and award the tender to Basil Reed was materially influenced by an error of law regarding escalation fees for delayed site handover. The tender documents permitted escalation for such delays, and Trencon's bid remained compliant and responsive. Furthermore, IDC's acceptance and evaluation of Basil Reed's late RFP was procedurally unfair and contrary to its own procurement policy, which only allowed late bids where no acceptable bids were received on time. The court held that these irregularities warranted review and s…

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• Tender Review
• Promotion Of Administrative Justice Act
• Procedural Fairness
• Material Error Of Law
• Substitution Of Administrative Decision