South Africa Case Law

Sakeliga NPC v Minister of Cooperative Governance and Traditional Affairs and Others (132918/2023)

Sakeliga NPC v Minister of Cooperative Governance and Traditional Affairs and Others (132918/2023) [2024] ZAGPPHC 885 (12 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

132918/2023

Judge

GN Moshoana

The court held that the applicant's interpretation of clause 13.10.2 of the Practice Manual was incorrect. The necessary directions contemplated by the clause pertain only to the future conduct of the matter and do not empower the court to grant substantive relief such as compelling the respondents to upload documents. The Practice Manual does not override the Uniform Rules of Court, and any request for document production must be made in terms of Rule 35(12), subject to the court's direction under Rule 35(13). The applicant's attempt to bypass the established procedure was improper. The appl…

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• Practice Manual Interpretation
• Rule 35 Discovery
• Contempt Of Court
• Costs Award

Dunster v South African Broadcasting Corporation (SOC) Limited (JS627/21)

Dunster v South African Broadcasting Corporation (SOC) Limited (JS627/21) [2024] ZALCJHB 214 (31 May 2024)

Court

Labour Court Johannesburg

Case number

JS 627/21

Judge

C. Orr

The Labour Court granted the respondent condonation for the late filing of its statement of response and made no costs order.

• Condonation
• Late Filing Of Pleadings
• Practice Manual Interpretation
• Prejudice
• Costs In Cause
• Late-filing

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…

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

Mabokela v Railway Safety Regulator (JR 281/19)

Mabokela v Railway Safety Regulator (JR 281/19) [2020] ZALCJHB 175 (2 July 2020)

Court

Labour Court Johannesburg

Case number

JR 281/19

Judge

Prinsloo

The application for leave to appeal was dismissed because the respondent failed to demonstrate reasonable prospects of success on appeal. The respondent's challenge focused solely on the interpretation of clause 11.2.3 of the Practice Manual, but the Court's dismissal of the review application was based on multiple grounds, including the late filing without condonation and failure to file the record within the prescribed period. These procedural defects deprived the Labour Court of jurisdiction, and no leave to appeal was sought on the condonation issue. The Court found that the respondent's…

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• Unfair Labour Practice
• Review Application
• Condonation
• Practice Manual Interpretation

Ramabulana v Commission for Conciliation, Mediation and Arbitration and Others (JR1190/16)

Ramabulana v Commission for Conciliation, Mediation and Arbitration and Others (JR1190/16) [2017] ZALCJHB 500 (16 October 2017)

Court

Labour Court Johannesburg

Case number

JR1190/16

Judge

Moshoana

The Labour Court held that an in-chambers ruling extending time to file a review record was a judicial act, not administrative action, and no reasons were required.

• Review Proceedings
• Extension Of Time
• Practice Manual Interpretation
• Labour-law
• Review-proceedings
• Extension-of-time

Sol Plaatjie Local Municipality v South African Local Government Bargaining Council and Others (PR192/15)

Sol Plaatjie Local Municipality v South African Local Government Bargaining Council and Others (PR192/15) [2017] ZALCPE 11 (13 June 2017)

Court

Labour Court Port Elizabeth

Case number

PR192/15

Judge

Prinsloo

The Labour Court held that a late-record review was deemed withdrawn under the Practice Manual, and condonation could not be granted without reinstatement.

• Review Of Arbitration Award
• Practice Manual Interpretation
• Condonation
• Reconstruction Of Record
• Labour-law
• Review-applications

Minister of Justice and Correctional Services v Mashiya and Others (J16/2014)

Minister of Justice and Correctional Services v Mashiya and Others (J16/2014) [2017] ZALCJHB 140 (5 May 2017)

Court

Labour Court Johannesburg

Case number

J16/2014

Judge

Tlhothlalemaje

The court found that the review application had not lapsed, as condonation and reinstatement had been granted by Molahlehi J, and the Practice Manual provisions do not override the Rules of Court. The stay of execution order issued by Steenkamp J remained in force until the review application is determined. The writ of execution was invalid because the arbitration award did not quantify the amount payable, and the Registrar should not have issued the writ without a definite and certain judgment. The respondent's arguments regarding lapse and res judicata were rejected, and the urgency of the…

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• Stay Of Execution
• Practice Manual Interpretation
• Writ Of Execution
• Condonation
• Quantification Of Award

CAP Personnel Placement (Pty) Ltd v NUMSA obo Skhosana and Others (JR2223/2013)

CAP Personnel Placement (Pty) Ltd v NUMSA obo Skhosana and Others (JR2223/2013) [2017] ZALCJHB 26 (30 January 2017)

Court

Labour Court Johannesburg

Case number

JR2223/2013

Judge

Baloyi

The Labour Court dismissed an unopposed application for leave to appeal because the applicant failed to seek condonation for late filing.

• Condonation
• Leave To Appeal
• Late Filing
• Practice Manual Interpretation
• Leave-to-appeal
• Late-filing

Ka Mtuze v Judicial Services Commission and Others (22374/13)

Ka Mtuze v Judicial Services Commission and Others (22374/13) [2013] ZAGPPHC 231 (1 August 2013)

Court

North Gauteng High Court, Pretoria

Case number

22374/13

Judge

Van Niekerk

High Court held the Minister had to be joined to a constitutional challenge, and removed the review from the roll for improper enrolment under the applicable review procedure.

• Joinder Of Parties
• Judicial Review
• Constitutional Challenge
• Practice Manual Interpretation
• Joinder-of-parties
• Judicial-review