South Africa Case Law

Red Ant Security and Eviction Services (Pty) Ltd v Raubenheimer and Others (J424/24)

Red Ant Security and Eviction Services (Pty) Ltd v Raubenheimer and Others (J424/24) [2024] ZALCJHB 476 (25 November 2024)

Court

Labour Court Johannesburg

Case number

J424/24

Judge

Ford

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal against the contempt of court order. The requirements for contempt were properly considered and applied, with the applicants having been served with the order and failing to comply. The only defence raised—a reinstatement application—does not suspend compliance with a court order or arbitration award under the LRA or the Practice Manual. The court aligned with the Labour Appeal Court's position that an archived or withdrawn review application is dismissed and does not justify non-compliance. Co…

Source excerpt

• Contempt Of Court
• Leave To Appeal
• Arbitration Award Enforcement
• Review Application
• Practice Manual Provisions

Mayekiso v Jamodien and Others (C201/2017)

Mayekiso v Jamodien and Others (C201/2017) [2024] ZALCCT 31 (10 July 2024)

Court

Labour Court Cape Town

Case number

C201/2017

Judge

Leslie

The Labour Court refused to reinstate a lapsed review application because the applicant gave an incomplete and unsatisfactory explanation for a long delay.

• Condonation
• Practice Manual Provisions
• Reinstatement Of Review
• Delay Explanation
• Labour-law
• Reinstatement-of-review

Airport Motor Retail Centre v Willows N.O. and others (PR283/17)

Airport Motor Retail Centre v Willows N.O. and others (PR283/17) [2024] ZALCPE 22 (26 June 2024)

Court

Labour Court Port Elizabeth

Case number

PR283/17

Judge

Thys

The Labour Court does not have jurisdiction to entertain a Rule 11 application to dismiss a review application that has already been deemed withdrawn, lapsed, archived or dismissed under the Practice Manual. Such a review application ceases to exist and is not pending before the court unless and until a substantive application for reinstatement is brought and granted. The Practice Manual and forthcoming rule changes reinforce the finality of the status of withdrawn or lapsed reviews, and Rule 11 applications are not suitable for matters that are no longer justiciable. The correct approach is…

Source excerpt

• Practice Manual Provisions
• Rule 11 Applications
• Review Application Dismissal
• Jurisdiction Of Labour Court