South Africa Case Law

AMCU obo Wayise and Others v Sibanye Gold (Pty) Ltd (JS 658/17)

AMCU obo Wayise and Others v Sibanye Gold (Pty) Ltd (JS 658/17) [2024] ZALCJHB 355 (9 September 2024)

Court

Labour Court Johannesburg

Case number

JS 658/17

Judge

Tlhotlhalemaje

The court found that the applicants failed to demonstrate exceptional circumstances justifying amendment or resiling from the signed pre-trial minute. The explanation for lapses in consultation and drafting by AMCU and its legal representatives was unsatisfactory and did not meet the threshold required under contract law. The amendments sought were not mere clarifications but constituted a substantial re-pleading of the case, introducing new factual and legal issues to the prejudice of the respondent and contrary to the purpose of narrowing issues for trial. The court held that the applicants…

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• Pre Trial Agreement
• Amendment Of Pleadings
• Unprotected Strike
• Substantive Fairness
• Disciplinary Procedure

Endress and Hauser (Pty) Ltd v Zamangwane (Pty) Ltd t/a ZMG-Watech (236/2021)

Endress and Hauser (Pty) Ltd v Zamangwane (Pty) Ltd t/a ZMG-Watech (236/2021) [2024] ZAMPMBHC 6 (23 January 2024)

Court

Mbombela High Court, Mpumalanga

Case number

236/2021

Judge

Greyling-Coetzer

The court compelled discovery of three categories of documents under Rule 35(3), rejected unproven privilege over one set, and awarded attorney-and-client costs.

• Discovery
• Professional Privilege
• Pre Trial Agreement
• Uniform Rule 35
• Attorney Client Costs
• Professional-privilege

Pedra v Wisium SA (Pty) Ltd (JS550/17)

Pedra v Wisium SA (Pty) Ltd (JS550/17) [2022] ZALCJHB 53 (15 March 2022)

Court

Labour Court Johannesburg

Case number

JS550/17

Judge

T Deane

The Labour Court held that the claim was not defective, found the dispute to be an automatically unfair dismissal over age discrimination, and held the respondent to the pre-trial agreement to begin.

• Automatically Unfair Dismissal
• Age Discrimination
• Retirement Policy
• Onus Of Proof
• Pre Trial Agreement
• Automatically-unfair-dismissal

Rethuseng Live Line and Services CC v Zeal Engineering Consultants (Pty) Ltd and Others (40779/14)

Rethuseng Live Line and Services CC v Zeal Engineering Consultants (Pty) Ltd and Others (40779/14) [2021] ZAGPPHC 441 (8 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

40779/14

Judge

E.K. Tsatsi

The Court found that the appointment of the Consulting Electrical Engineer (CEE) was made with the participation and consent of both the Applicant and Second Respondent, who had the opportunity to object but did not do so at the time. The CEE was appointed as an expert, not an arbitrator, and the determination was intended to be binding. However, the Court held that for an expert determination to be valid, it must be based on proper reasoning and correct facts, which requires both desktop and physical inspection of the sites. The CEE's report was found to lack a physical inspection, undermini…

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• Expert Determination
• Contractual Dispute
• Specific Performance
• Review Of Expert Finding
• Pre Trial Agreement

Telkom SA SOC Limited v van Staden and Others (JA68/2018)

Telkom SA SOC Limited v van Staden and Others (JA68/2018) [2020] ZALAC 52; (2021) 42 ILJ 869 (LAC) (1 December 2020)

Court

Labour Appeal Court

Case number

JA68/2018

Judges

Phatshoane, Murphy, Savage

The Labour Appeal Court upheld Telkom’s appeal and held that the retrenchments were procedurally and substantively fair after a restructuring and placement process.

• Retrenchment
• Selection Criteria
• Pre Trial Agreement
• Operational Requirements Dismissal
• Consultation Process
• Procedural Fairness

Mosiane and Others v Murray And Roberts Cementation (Pty) Ltd (JS 437/10)

Mosiane and Others v Murray And Roberts Cementation (Pty) Ltd (JS 437/10) [2014] ZALCJHB 518 (12 December 2014)

Court

Labour Court Johannesburg

Case number

JS 437/10

Judge

Tlhotlhalemaje

The Labour Court refused leave to file an additional statement of claim, holding that the applicants had not shown special circumstances to depart from a binding pre-trial agreement.

• Automatically Unfair Dismissal
• Pre Trial Agreement
• Mandate Of Attorney
• Strike Action
• Amendment Of Pleadings
• Pre-trial-agreement

Mofokeng v Member of the Executive Council of the Free State Government (6011/2010)

Mofokeng v Member of the Executive Council of the Free State Government (6011/2010) [2014] ZAFSHC 137 (4 September 2014)

Court

Free State High Court, Bloemfontein

Case number

6011/2010

Judge

L.J. Lekale

The High Court refused to separate trial issues, finding the respondent’s special pleas should be dealt with first and awarding costs against the applicant.

• Separation Of Issues
• Specific Performance
• Special Plea
• Rule 33 4
• Pre Trial Agreement
• Separation-of-issues

Andrade v Road Accident Fund (1566/2013)

Andrade v Road Accident Fund (1566/2013) [2013] ZAFSHC 72 (16 May 2013)

Court

Free State High Court, Bloemfontein

Case number

1566/2013

Judge

L.J. Lekale

The court held that the applicant was entitled to enforce the terms of the pre-trial minute, which constituted a binding agreement between the parties. The facts of this case were distinguishable from Kriel v Bowels, where no pre-trial conference had been held and no agreement existed. Here, the respondent had agreed to provide discovery and answers by a specified date but failed to comply. The court found that compelling compliance with the pre-trial agreement was competent and necessary to ensure the expeditious resolution of the dispute and the integrity of the pre-trial process.

Source excerpt

• Pre Trial Agreement
• Rule 37 Compliance
• Discovery Affidavit
• Compelling Production Of Documents

Fuel Retailers Association of SA v Motor Industry Bargaining Council (J2612/00)

Fuel Retailers Association of SA v Motor Industry Bargaining Council (J2612/00) [2001] ZALC 46; [2001] 6 BLLR 605 (LC); (2001) 22 ILJ 1164 (LC) (28 March 2001)

Court

Labour Court

Case number

J2612/00

Judge

Landman

The Labour Court admitted the Fuel Retailers Association to the Motor Industry Bargaining Council after finding its membership sufficiently representative.

• Admission To Bargaining Council
• Representivity Threshold
• Collective Bargaining
• Pre Trial Agreement
• Labour Relations Act
• Sectoral Representativity