South Africa Case Law

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023)

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023) [2025] ZAWCHC 339 (11 August 2025)

Court

Western Cape High Court, Cape Town

Case number

7157/2023

Judge

Bhoopchand

The High Court set aside Stellenbosch’s rezoning appeal decision after finding it relied on an ungazetted, non-binding MSDF version and was tainted by an error of law.

• Municipal Spatial Development Framework
• Procedural Fairness
• Judicial Review Under Paja
• Zoning Scheme By Law
• Error Of Law
• Administrative-law

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22)

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22) [2025] ZALCJHB 345 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR1400/22

Judge

Anestidis

Review of labour arbitration award involving alleged falsification of quality records. Court found the arbitrator misconceived the enquiry and upheld dismissal.

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Dishonesty In Employment
• Falsification Of Records
• Procedural Fairness
• Onus Of Proof

Cashbuild SA (Pty) Ltd v Ngudle N.O. and Others (PR277/22)

Cashbuild SA (Pty) Ltd v Ngudle N.O. and Others (PR277/22) [2025] ZALCPE 16 (6 August 2025)

Court

Labour Court Port Elizabeth

Case number

PR277/22

Judge

C de Kock

The court found that the arbitrator's identification of the central issue—failure to communicate with the customer—was reasonable given the charges as formulated. However, the arbitrator erred in finding that the applicant failed to prove breach of the rules, as the evidence established poor customer service and bringing the company name into disrepute. The court held that the misconduct did not amount to gross negligence warranting dismissal for a first offence, especially since the final written warning was issued only days before the complaint and could not fairly aggravate the sanction. T…

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• Unfair Dismissal
• Progressive Discipline
• Arbitration Review
• Back Pay
• Procedural Fairness

South African Airways (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2093/16)

South African Airways (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2093/16) [2025] ZALCJHB 338 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JR2093/16

Judge

Schensema

The Labour Court reviewed and set aside a CCMA arbitration award, finding the commissioner ignored material evidence and misconceived the enquiry.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Jurisdiction Of Ccma
• Review-of-arbitration-award

Haman v Kempton Motor Group Trust t/a Pugeot Edenvale and Others (JR2143/15)

Haman v Kempton Motor Group Trust t/a Pugeot Edenvale and Others (JR2143/15) [2025] ZALCJHB 332 (30 July 2025)

Court

Labour Court Johannesburg

Case number

JR2143/15

Judge

Lennox

The Labour Court dismissed a review of an arbitration award, finding no record-based basis to fault the commissioner’s handling of representation, procedure, or the fairness findings.

• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Representation Rights
• Consistent Application Of Discipline
• Labour-law

Mabona v Exarro Ferroalloys (Pty) Ltd and Others (JR590/23)

Mabona v Exarro Ferroalloys (Pty) Ltd and Others (JR590/23) [2025] ZALCJHB 328 (30 July 2025)

Court

Labour Court Johannesburg

Case number

JR590/23

Judge

M Lennox

The Labour Court reviewed and set aside a CCMA arbitration award after finding the commissioner failed to properly manage evidence relevant to fairness and consistency.

• Review Of Arbitration Award
• Conflict Of Interest
• Procedural Fairness
• Inconsistency In Dismissal
• Labour-law
• Ccma-review

Gillespie v Chairperson: Firearms Appeal Board and Another (26396/22)

Gillespie v Chairperson: Firearms Appeal Board and Another (26396/22) [2025] ZAGPPHC 730 (28 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

26396/22

Judge

N V Khumalo

The court found that the applicant, as a non-citizen, was not entitled to repeated or indefinite temporary authorisations for firearm possession under section 21 of the Firearms Control Act. The applicant's pattern of continuous applications distorted the temporary nature intended by the statute, amounting to an attempt to obtain a permanent licence for which he did not qualify. The Registrar's refusal was justified by the lack of a genuine temporary need and inadequate motivation, as required by the regulations. The Appeal Board's decision was reasonable and based on the facts presented, inc…

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• Firearms Control Act
• Temporary Authorisation
• Review Of Administrative Action
• Competency Certificate
• Procedural Fairness

Sitrusrand Boerdery (Pty) Ltd v Minister of Employment and Labour and Others (097109/2023)

Sitrusrand Boerdery (Pty) Ltd v Minister of Employment and Labour and Others (097109/2023) [2025] ZAGPPHC 758 (22 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

097109/2023

Judge

Kekana

Review dismissed: the court held that the Department properly refused a corporate visa recommendation because local skills were available and the process was fair.

• Promotion Of Administrative Justice Act
• Corporate Visa
• Immigration Act
• Procedural Fairness
• Rationality Review
• Corporate-visa

Burgerbrug Beleggings (Pty) Ltd v City of Tshwane Metropolitan Municipality (20135/2022)

Burgerbrug Beleggings (Pty) Ltd v City of Tshwane Metropolitan Municipality (20135/2022) [2025] ZAGPPHC 763 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

20135/2022

Judge

L.T. Modiba

The court found that the City’s decision to issue contravention notices to Burgerbrug constitutes administrative action under PAJA, as it is a demand with direct legal effect. However, Burgerbrug failed to establish any grounds for review under PAJA, as it did not demonstrate that the City acted unlawfully or irrationally in issuing the notices. The owner’s duty to secure its property and ensure compliance with planning and building regulations is affirmed, and the municipality’s enforcement powers are not displaced by the owner’s absence or neglect. The court rejected Burgerbrug’s constituti…

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• Promotion Of Administrative Justice Act
• Municipal Land Use Regulation
• Owner Liability For Unlawful Development
• Constitutional Invalidity Review
• Procedural Fairness
• Non Joinder Of Interested Parties

Idwala Holdings (Pty) Ltd v National Union of Mineworkers and Others (JR1633/21)

Idwala Holdings (Pty) Ltd v National Union of Mineworkers and Others (JR1633/21) [2025] ZALCJHB 307 (15 July 2025)

Court

Labour Court Johannesburg

Case number

JR1633/21

Judge

Schensema

The Labour Court set aside a CCMA award and held that the employee’s dismissal was procedurally and substantively fair after a review for unreasonableness.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Incitement
• Gross Insolence