South Africa Case Law

POPCRU obo Cindi v GPSSBC and Others (JR1512/15)

POPCRU obo Cindi v GPSSBC and Others (JR1512/15) [2021] ZALCJHB 134; [2021] 10 BLLR 1059 (LC) (2 June 2021)

Court

Labour Court Johannesburg

Case number

JR1512/15

Judge

G N Moshoana

The Labour Court held that it is inappropriate to remit an unfair dismissal dispute for rehearing solely due to a missing arbitration record without first reviewing and setting aside the impugned award. The practice manual provides a procedure for missing records, which must be followed rather than invoking rule 11. Consent between parties does not override the requirement to apply the constitutional standard of review. The power to remit a matter arises only after the award is set aside, as otherwise two conflicting administrative decisions may result, violating the functus officio principle…

Source excerpt

• Review Of Arbitration Award
• Remittal Of Dispute
• Functus Officio
• Practice Manual Interpretation
• Missing Record
• Consent Orders

Tractor and Engineering CC v Ngwenya NO and Others (J6051/00)

Tractor and Engineering CC v Ngwenya NO and Others (J6051/00) [2016] ZALCJHB 25 (29 January 2016)

Court

Labour Court Johannesburg

Case number

J6051/00

Judge

Mothibi

The Labour Court granted leave to appeal after finding that the missing record and the test applied in the review could lead another court to a different result.

• Leave To Appeal
• Review Of Arbitration Award
• Missing Record
• Compensation Variation
• Leave-to-appeal
• Labour-court-review

S v Joseph (A434/15)

S v Joseph (A434/15) [2015] ZAGPPHC 492 (1 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

A434/15

Judges

MJ Teffo, VV Tlhapi

The absence of any record of the proceedings, including the guilty plea, judgment, and sentencing, makes it impossible for the reviewing court to determine whether the proceedings were conducted in accordance with justice. Reconstruction of the record is not feasible. In such circumstances, established precedent requires that both the conviction and sentence be set aside, as the court cannot discharge its review function without a record.

Source excerpt

• Automatic Review
• Missing Record
• Conviction And Sentence Setting Aside

S v Ngema (SOC 117/10, SOC 124/04)

S v Ngema (SOC 117/10, SOC 124/04) [2012] ZANWHC 12 (26 April 2012)

Court

North West High Court, Mafikeng

Case number

SOC 117/10, SOC 124/04

Judges

A.M. Kgoele, R.D. Hendricks

High Court special review of irregular criminal proceedings involving a missing record. Both sets of proceedings were set aside and the matter ordered to start de novo.

• Missing Record
• Reconstruction Of Proceedings
• Magistrate Powers
• Irregular Proceedings
• Missing-record
• Reconstruction-of-proceedings

S v Baloyi and Another (1/11, 2/11)

S v Baloyi and Another (1/11, 2/11) [2012] ZANWHC 2 (23 February 2012)

Court

North West High Court, Mafikeng

Case number

1/11, 2/11

Judges

A.M. Kgoele, N. Gutta, R.D. Hendricks

The reviewing court found that all reasonable attempts to reconstruct the missing records in both matters were made but proved unsuccessful. Without a reconstructed record, the court is unable to assess whether the proceedings in the lower court were conducted in accordance with justice. Accordingly, the proceedings in both matters must be set aside.

Source excerpt

• Missing Record
• Reconstruction Of Proceedings
• Review Jurisdiction

Abdul v S (A556/2010)

Abdul v S (A556/2010) [2010] ZAWCHC 564 (19 November 2010)

Court

Western Cape High Court, Cape Town

Case number

A556/2010

Judges

Erasmus, Kuschke

The High Court confirmed the conviction but set aside the sentence because the trial record was missing and could not be reconstructed.

• Appeal Procedure
• Missing Record
• Sentence Review
• Criminal-appeal
• Missing-record
• Sentence-review

S v Monnakgotla and Another (134/2003)

S v Monnakgotla and Another (134/2003) [2003] ZANWHC 41 (31 July 2003)

Court

North West High Court, Mafikeng

Case number

134/2003

Judge

R.D. Hendricks

Special review of a part-heard criminal matter where the record was missing and could not be reconstructed. The High Court set aside the proceedings and ordered a de novo hearing.

• Missing Record
• Review Proceedings
• Reconstruction Of Evidence
• Missing-record
• Review-proceedings
• Record-reconstruction