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South Africa Case Law

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Labour Law [2021] ZALCD 72

Ndwandwe and Another v Nkosi and Another (D536/21)

Ndwandwe and Another v Nkosi and Another (D536/21) [2021] ZALCD 72 (3 September 2021)

The Labour Court dismissed an urgent application by an municipal administrator because the applicants failed to prove authority to litigate for the municipality.

  • Authority To Institute Proceedings
  • Precautionary Suspension
  • Interim Interdict
  • Municipal Administration
  • Authority-to-institute-proceedings
  • Municipal-administration
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Labour Law [2020] ZALCJHB 19

Maluti A Phofung Local Municipality and Others v South African Municipal Workers Union (SAMWU) and Others (JR1063/19)

Maluti A Phofung Local Municipality and Others v South African Municipal Workers Union (SAMWU) and Others (JR1063/19) [2020] ZALCJHB 19; [2020] 6 BLLR 581 (LC) (31 January 2020)

The Labour Court refused condonation for a late review of multiple arbitration awards and settlement agreements, finding the delay excessive and poorly explained.

  • Condonation
  • Review Of Arbitration Awards
  • Late Filing
  • Collective Bargaining
  • Municipal Administration
  • Labour-review
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Labour Law [2018] ZALCJHB 371

Rudman v Maquassi Hills Local Municipality and Others (J 3495/18)

Rudman v Maquassi Hills Local Municipality and Others (J 3495/18) [2018] ZALCJHB 371 (8 November 2018)

The Court found that the circumstances of the case were unique and exceptional, primarily due to the time-sensitive nature of the applicant's acting appointment and the principle of legality regarding the powers of an administrator appointed under section 139(1)(b) of the Constitution. The Administrator's termination of the applicant's acting appointment was not supported by discernable reasons and was contrary to a standing Council resolution. The applicant faced real and irreparable harm, including disciplinary action, if execution was not granted. The respondents' alleged harm was self-cre…

  • Leave To Execute Pending Appeal
  • Exceptional Circumstances
  • Municipal Administration
  • Ultra Vires Action
  • Section 139 Intervention
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.