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South Africa decisions
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Tactical Security Services CC v Newcastle Local Municipality and Others (5214/2024) [2025] ZAKZPHC 62 (17 June 2025)
The court confirmed a rule nisi and awarded Tactical Security party and party costs on Scale B after the municipality’s late undertaking caused urgent application costs.
Sedumedi v Sefako Makgatho Health Sciences University (J502/2022) [2025] ZALCJHB 142; (2025) 46 ILJ 2015 (LC) (4 April 2025)
The court found that the applicant's fixed-term contract did not grant the University the right to terminate on notice for operational reasons prior to its natural end date. The Appointment Letter did not clearly and unequivocally incorporate the Termination Policy as a contractual term, nor did the applicant assent to its contents. The Termination Policy itself did not purport to amend the written contract or introduce a termination-on-notice clause for fixed-term contracts. The University, as drafter, failed to speak plainly if such a right was intended. The applicant was entitled to damage…
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Dingezweni v Member of the Executive Council, Department of Education, Eastern Cape Province and Another (536/2016) [2022] ZAECBHC 26 (27 September 2022)
The court held that a substitute educator remained employed on a fixed-term Department contract and was entitled to the balance of her salary and benefits.
Magopeni v Acacia mining (SA) (Pty) Limited and Others (16878/18) [2020] ZAGPPHC 300 (30 March 2020)
The court held that the applicant's fixed term contract with Exactitude was for a period of twenty-four months and did not contain a valid clause permitting premature termination without cause. The purported termination by notice, without any reasons, amounted to a repudiation and breach of contract. The applicant was entitled to damages equal to her salary for the remainder of the contract term. The court found that only Exactitude, as the employer, was liable for the breach, and dismissed the claim against Acacia. The applicant failed to prove entitlement to leave pay due to lack of evidenc…
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Theron v Premier of the Western Cape Province and Another (21435/12) [2017] ZAWCHC 115; [2017] 4 All SA 916 (WCC) (10 October 2017)
A fixed-term CEO contract ended when a provincial statute disestablished the employer. The court held the employee was only entitled to notice pay already paid.
Bos v Commissioner for the South African Revenue Service (A93/2006) [2008] ZAGPHC 208; 70 SATC 187 (9 May 2008)
The High Court held that R1 million paid to a departing PwC partner was capital, not income, and set aside the tax assessment for reconsideration.
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