South Africa Case Law

Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023)

Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023) [2025] ZALCJHB 330 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JS382/2023

Judge

Anestidis

The Labour Court does not have jurisdiction to entertain the applicant's claims for general damages and loss of earnings, as such relief is not contemplated by the Labour Relations Act or the Basic Conditions of Employment Act. The applicant failed to refer any unfair labour practice to the CCMA or a bargaining council, and did not plead any contractual breach or valid claim under the Mine Health and Safety Act. Furthermore, the applicant's claims have prescribed under the Prescription Act, as the cause of action arose no later than 28 February 2018 and the claim was only instituted in July 2…

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• Jurisdiction Of Labour Court
• Prescription Act
• Unfair Labour Practice
• Mine Health And Safety Act
• Contract Of Employment
• General Damages

Association of Mineworkers and Construction Union obo Maroga and 38 Others v Eastern Chrome Mines (Samancor Ltd) (JS857/20)

Association of Mineworkers and Construction Union obo Maroga and 38 Others v Eastern Chrome Mines (Samancor Ltd) (JS857/20) [2025] ZALCJHB 153 (23 April 2025)

Court

Labour Court Johannesburg

Case number

JS857/20

Judge

Daniels

Mineworkers refused underground work over COVID-19 fears. The Labour Court found the refusal was an unprotected strike, but dismissal was too harsh and ordered reinstatement.

• Unprotected Strike
• Mine Health And Safety Act
• Substantive Unfairness
• Reinstatement
• Disciplinary Consistency
• Covid19 Workplace Safety

UASA - Union v Anglo American Platinum Limited and Others (Leave to Appeal) (J400/23)

UASA - Union v Anglo American Platinum Limited and Others (Leave to Appeal) (J400/23) [2024] ZALCJHB 371 (27 September 2024)

Court

Labour Court Johannesburg

Case number

J400/23

Judge

B J Dikotla

The Labour Court granted leave to appeal in a dispute over whether MHSA or OHSA applies, finding the case raises an important point of law and public interest.

• Mine Health And Safety Act
• Occupational Health And Safety Act
• Jurisdiction Of Labour Court
• Leave To Appeal
• Fundamental Right To Health
• Leave-to-appeal

TC Smelters (Pty) Ltd and Another v Minister: Department of Mineral Resources and Energy and Others (006097/2022)

TC Smelters (Pty) Ltd and Another v Minister: Department of Mineral Resources and Energy and Others (006097/2022) [2024] ZAGPPHC 493 (23 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

006097/2022

Judge

Nyathi

The High Court held that TC Smelters’ operations remained subject to the Mine Health and Safety Act and dismissed its bid for a declarator with costs.

• Mine Health And Safety Act
• Occupational Health And Safety Act
• Statutory Interpretation
• Exemption Application
• Non Joinder
• Promotion Of Administrative Justice Act

UASA Union v Anglo American Platinum Limited and Others (J400/23)

UASA Union v Anglo American Platinum Limited and Others (J400/23) [2024] ZALCJHB 199; (2024) 45 ILJ 1851 (LC) (10 May 2024)

Court

Labour Court Johannesburg

Case number

J400/23

Judge

B J Dikotla

The Court found that the Retained Operations of the First and Second Respondents do not constitute a 'mine' or 'mining area' as defined by the MHSA, since they process metal concentrate that does not occur naturally in or on the earth and are not incidental to mining operations. The operations are distinct, ring-fenced industrial activities that do not require mining rights or permits under the MPRDA. The Labour Court has jurisdiction to grant declaratory relief regarding MHSA, but lacks jurisdiction over OHSA matters. The application for a declaration that MHSA applies to the Retained Operat…

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• Mine Health And Safety Act
• Occupational Health And Safety Act
• Jurisdiction Of Labour Court
• Statutory Interpretation
• Declaratory Relief

Mayisela v Commission for Conciliation Mediation and Arbitration and Others (JR 791/2021)

Mayisela v Commission for Conciliation Mediation and Arbitration and Others (JR 791/2021) [2024] ZALCJHB 153 (27 March 2024)

Court

Labour Court Johannesburg

Case number

JR 791/2021

Judge

Prinsloo

Labour Court review of an unfair dismissal arbitration award dismissed the employee's challenge, finding the award reasonable and supported by the evidence.

• Unfair Dismissal
• Review Of Arbitration Award
• Misconduct
• Mine Health And Safety Act
• Costs In Labour Court
• Unfair-dismissal

Mokala Manganese (Pty) Ltd v Sebausengwe and Others (1334/2022)

Mokala Manganese (Pty) Ltd v Sebausengwe and Others (1334/2022) [2023] ZANCHC 14 (17 March 2023)

Court

Northern Cape High Court, Kimberley

Case number

1334/2022

Judge

Lever

The court found that the applicant established the requirements for a final interdict. The respondents' denials were either unsupported, inherently improbable, or contradicted by their own affidavits and conduct. The fifth respondent's timesheet did not support his claim and lacked corroborating evidence. The seventh respondent's explanation was vague and insufficient. The respondents were present at a meeting where demands were made, and their subsequent conduct was consistent with acting in concert to blockade the mine. The police respondents did not oppose the application, and the relief a…

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• Final Interdict
• Urgent Interdict
• Mining Rights
• Trespass
• Public Order
• Mine Health And Safety Act

Oageng v Mfati N.O. and Others (JR1708/20)

Oageng v Mfati N.O. and Others (JR1708/20) [2022] ZALCJHB 336 (28 November 2022)

Court

Labour Court Johannesburg

Case number

JR1708/20

Judge

Nkutha-Nkontwana

The court found that the commissioner erred in concluding that the CCMA lacked jurisdiction. The employment contract contained clauses that empowered the employer to terminate the relationship for failure to disclose relevant information, which constitutes a dismissal as defined in the LRA. The distinction between a criminal charge and a conviction was material, and the applicant's failure to disclose a pending charge did not automatically disqualify him under the contract. Therefore, the CCMA had jurisdiction to arbitrate the dispute, and the jurisdictional ruling was set aside.

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• Jurisdiction Of Ccma
• Unfair Dismissal
• Employment Screening
• Suspensive Conditions
• Mine Health And Safety Act

Association of Mineworkers and Construction Union (AMCU) v Minister of Mineral Resources and Energy and Others (JA 58/2020)

Association of Mineworkers and Construction Union (AMCU) v Minister of Mineral Resources and Energy and Others (JA 58/2020) [2021] ZALAC 22; (2021) 42 ILJ 2158 (LAC); [2021] 11 BLLR 1069 (LAC) (23 July 2021)

Court

Labour Appeal Court

Case number

JA 58/2020

Judges

Waglay, Coppin, Molefe

The Labour Appeal Court held that the Labour Court correctly exercised its discretion in declining to award costs to AMCU. The court found that the ongoing relationship between AMCU and the DMRE as social partners under the Mine Health and Safety Act justified the application of the Zungu principle, which discourages adverse costs orders in labour matters to preserve future cooperation. The Biowatch principle, which protects constitutional litigants from adverse costs orders, was found inapplicable because the dispute arose within a tripartite structure involving ongoing collaboration. The co…

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• Costs Awards
• Ongoing Relationships
• Constitutional Litigation
• Mine Health And Safety Act
• Biowatch Principle

Kangra Coal Proprietary Limited v Minister of Materials and Energy and Others (J649/21)

Kangra Coal Proprietary Limited v Minister of Materials and Energy and Others (J649/21) [2021] ZALCJHB 344; (2021) 42 ILJ 2234 (LC) (5 July 2021)

Court

Labour Court Johannesburg

Case number

J649/21

Judge

Whitcher

The Labour Court dismissed Kangra Coal’s appeal against refusal to approve blasting within 500 metres of dwellings, finding post-blast collapse risk remained significant.

• Mine Health And Safety Act
• Significant Risk Assessment
• Blasting Operations
• Risk Mitigation
• Urgent Application
• Mine-health-and-safety