South Africa Case Law

Nyakudya v O.R Tambo District Municipality (862/2024)

Nyakudya v O.R Tambo District Municipality (862/2024) [2025] ZAECMHC 40 (27 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

862/2024

Judge

Cengani-Mbakaza

The court found that the respondent terminated the applicant's employment contract without providing proper notice or following fair procedures, in contravention of the Basic Conditions of Employment Act and the Labour Relations Act. Although the applicant's work permit had expired, the respondent's failure to comply with statutory requirements regarding notice and procedure rendered the termination unlawful. The court held that being an illegal foreigner does not automatically entitle the employer to summarily terminate employment; fair procedures must be followed. However, reinstatement was…

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• Unfair Dismissal
• Termination Of Employment
• Immigration Status
• Legitimate Expectation
• Reinstatement
• Notice Of Termination

Stephen v Asnath and Others (LCC 119/2024)

Stephen v Asnath and Others (LCC 119/2024) [2025] ZALCC 17 (10 April 2025)

Court

Land Claims Court

Case number

LCC 119/2024

Judge

Ncube

The court granted an eviction under ESTA, dismissing points in limine and finding the occupier fell outside ESTA protection due to income.

• Extension Of Security Of Tenure Act
• Eviction
• Notice Of Termination
• Alternative Accommodation
• Compensation For Improvements
• Esta

Plaatjies v Meintjies and Another (A81/2022; 787/2020)

Plaatjies v Meintjies and Another (A81/2022; 787/2020) [2022] ZAWCHC 185 (19 September 2022)

Court

Western Cape High Court, Cape Town

Case number

A81/2022; 787/2020

Judges

Van Zyl, Fortuin

High Court appeal in a PIE eviction matter. The court held the respondent lacked locus standi when proceedings began, and the eviction order was set aside.

• Eviction Under Pie
• Locus Standi
• Notice Of Termination
• Just And Equitable Order
• Personal Circumstances
• Right Of Habitation

Transnet SOC Limited v Total South Africa (Pty) Limited and Another (CCT 114/21)

Transnet SOC Limited v Total South Africa (Pty) Limited and Another (CCT 114/21) [2022] ZACC 21; 2023 (3) BCLR 333 (CC) (21 June 2022)

Court

Constitutional Court

Case number

CCT 114/21

Judges

Madlanga, Madondo AJ, Majiedt, Mhlantla, Pillay AJ, Rogers AJ, Theron, Tlaletsi AJ, Tshiqi

The Constitutional Court held that the variation agreement was terminable on three years' notice as provided in clause 5. The phrase 'subject to the arrangement that a full agreement of conveyance for crude oil is being prepared' did not create a suspensive condition for termination, but merely recorded the parties' intention at the time. The Court found that Transnet's notice of termination was valid and the agreement ended in September 2020. On damages, the Court confirmed that a party may claim contractual damages for breach without first cancelling the contract, and that the claims for re…

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• Contract Interpretation
• Termination Of Contract
• Public Policy In Contracts
• Damages For Breach
• Notice Of Termination

Full Sail 3 (Pty) Ltd v Tsehay Import and Export CC (4448/2021)

Full Sail 3 (Pty) Ltd v Tsehay Import and Export CC (4448/2021) [2022] ZAGPJHC 145 (14 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

4448/2021

Judge

M A Makume

The High Court granted an eviction order after finding that the lease had expired, the respondent remained in unlawful occupation, and the termination notice was valid.

• Eviction
• Lease Termination
• Oral Lease
• Notice Of Termination
• Unlawful Occupation
• Commercial-lease

Mohlala v Gauteng MEC for Health (50226/2009)

Mohlala v Gauteng MEC for Health (50226/2009) [2015] ZAGPPHC 1084 (9 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

50226/2009

Judge

J.S. Strydom

High Court delict claim dismissed after the plaintiff failed to prove wrongfulness, negligence, and causation for alleged salary delay and related losses.

• Basic Conditions Of Employment Act
• Notice Of Termination
• Wrongful Dismissal
• Negligence
• Quantum Of Damages
• Delict

Ndaba and Others v T - Systems (Pty) Ltd and Others (JS788/2012)

Ndaba and Others v T - Systems (Pty) Ltd and Others (JS788/2012) [2015] ZALCJHB 346; [2016] 1 BLLR 60 (LC) (7 October 2015)

Court

Labour Court Johannesburg

Case number

JS788/2012

Judge

Tlhotlhalemaje

The Labour Court lacks jurisdiction to adjudicate claims of procedural unfairness in retrenchments under section 189A unless brought by way of an application under section 189A(13) within the prescribed period. The applicants' claim that their dismissals were unlawful, invalid, or void due to premature notice of termination is not sustainable in law. The notice of termination was issued in accordance with the statutory requirements, and recent case law confirms that non-compliance with section 189A does not result in invalidity of dismissals. The preliminary points raised by the respondents a…

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• Automatically Unfair Dismissal
• Operational Requirements Retrenchment
• Section 189a Procedure
• Jurisdiction Of Labour Court
• Notice Of Termination
• Procedural Vs Substantive Fairness

Somi v Old Mutual Africa Holdings (Pty) Ltd (J2828/14)

Somi v Old Mutual Africa Holdings (Pty) Ltd (J2828/14) [2015] ZALCJHB 279; (2015) 36 ILJ 2370 (LC) (3 July 2015)

Court

Labour Court Johannesburg

Case number

J2828/14

Judge

Molahlehi

The court found that the respondent breached the employment contract by failing to provide the applicant with one month's written notice prior to termination, as required by clause 21.1.1 of the contract. The payment of notice pay after termination did not cure the breach, as the contract required notice to be given, not merely payment. Furthermore, the respondent failed to conduct a performance enquiry prior to dismissal, contrary to the incorporated IR policy and contractual obligations. The court held that the applicant was entitled to enforce the contract through specific performance, inc…

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• Specific Performance
• Breach Of Employment Contract
• Notice Of Termination
• Performance Enquiry
• Unlawful Dismissal

Voges NO and Another v Molusi and Others (LCC 85/2010)

Voges NO and Another v Molusi and Others (LCC 85/2010) [2013] ZALCC 1 (18 January 2013)

Court

Land Claims Court

Case number

LCC 85/2010

Judge

Y Sidlova

The Land Claims Court granted an eviction under ESTA after finding the periodic leases were validly terminated on reasonable notice and the statutory requirements were met.

• Extension Of Security Of Tenure Act
• Eviction Of Occupiers
• Lease Termination
• Just And Equitable Requirement
• Notice Of Termination
• Eviction

Firstrand Bank Ltd (Formerly known as First National Bank of Southern Africa) v Alexander (16901/2010)

Firstrand Bank Ltd (Formerly known as First National Bank of Southern Africa) v Alexander (16901/2010) [2011] ZAWCHC 410 (17 October 2011)

Court

Western Cape High Court, Cape Town

Case number

16901/2010

Judge

Bozalek

Summary judgment in a bank debt claim was refused because the plaintiff did not properly plead compliance with National Credit Act debt-review termination requirements.

• Debt Review
• National Credit Act Compliance
• Summary Judgment
• Notice Of Termination
• Summary-judgment
• Debt-review