South Africa Case Law

Jiyane v Commission for Conciliation, Mediation and Arbitration and Others (C184/2022)

Jiyane v Commission for Conciliation, Mediation and Arbitration and Others (C184/2022) [2025] ZALCCT 48 (7 July 2025)

Court

Labour Court Cape Town

Case number

C184/2022

Judge

C de Kock

The court found that the commissioner’s conduct during the arbitration proceedings was marked by frequent interruptions, taking over of questioning, cross-examination of the applicant, and derogatory notes referring to the applicant’s evidence as 'rubbish'. This conduct deprived the applicant of a fair hearing and created a reasonable apprehension of bias. The commissioner failed to respect the roles of the parties and their representatives, and her dominance tainted the entire proceedings. The court held that, as in previous cases involving the same commissioner, such procedural irregulariti…

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• Unfair Labour Practice
• Arbitration Bias
• Review Of Arbitration Award
• Procedural Irregularity
• Right To Fair Hearing

S.P v S.B (2025/054457)

S.P v S.B (2025/054457) [2025] ZAWCHC 253 (19 June 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/054457

Judge

Lekhuleni

The High Court dismissed an application to set aside a subpoena for salary and IRP5 records sought in a maintenance dispute, despite the wrong rule being used.

• Maintenance Dispute
• Subpoena Duces Tecum
• Best Interests Of Child
• Procedural Irregularity
• Child-maintenance
• Subpoena-duces-tecum

Road Accident Fund v Labuschagne (48804/2017)

Road Accident Fund v Labuschagne (48804/2017) [2025] ZAGPPHC 639 (17 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

48804/2017

Judge

Rust, AJ

The application for rescission by the Road Accident Fund fails because the RAF was given adequate notice of all proceedings, including the amendment of the particulars of claim and the application for default judgment. The RAF elected not to participate and did not object to the amendment, nor did it file any expert notices or oppose the default judgment. The procedure followed was regular and in accordance with the Uniform Rules of Court. Rule 42(1)(a) only permits rescission for procedural errors, not for substantive defences or new evidence discovered after judgment. The RAF failed to esta…

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• Rescission Of Judgment
• Default Judgment
• Rule 42 Uniform Rules
• Good Cause Requirement
• Procedural Irregularity

SAMWU Polokwane Workers Fund and Others v Tshidiso Business Enterprise CC and Another (Reasons) (11541/2023)

SAMWU Polokwane Workers Fund and Others v Tshidiso Business Enterprise CC and Another (Reasons) (11541/2023) [2025] ZALMPPHC 92 (9 May 2025)

Court

Limpopo High Court, Polokwane

Case number

11541/2023

Judge

M Mangena

The High Court rescinded a 18 March 2025 order because SAMWU was not deliberately absent and Standard Bank had been included without proper joinder.

• Rescission Of Judgment
• Procedural Irregularity
• Duty Of Full Disclosure
• Joinder
• Rule Nisi
• Rescission-of-judgment

Mothulwe v Labour Court, Johannesburg and Others (CCT 13/24)

Mothulwe v Labour Court, Johannesburg and Others (CCT 13/24) [2025] ZACC 10; [2025] 8 BLLR 761 (CC); 2025 (8) BCLR 899 (CC); (2025) 46 ILJ 1853 (CC) (8 May 2025)

Court

Constitutional Court

Case number

CCT 13/24

Judges

Maya, Madlanga, Kollapen, Majiedt, Mhlantla, Rogers, Seegobin, Theron, Tolmay, Tshiqi

The Constitutional Court found that the Labour Court committed a gross procedural irregularity by failing to adjudicate the applicant's cross-review challenging the finding of guilt for corruption. This oversight denied the applicant his constitutional right of access to court under section 34 and resulted in grave injustice. The Court held that these circumstances were truly exceptional, warranting rescission of its previous orders refusing leave to appeal and rescission. The interests of justice required that the applicant's cross-review and condonation application be properly determined. T…

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• Unfair Dismissal
• Review Of Arbitration Award
• Access To Court
• Res Judicata
• Condonation
• Procedural Irregularity

Motaung v Department of Higher Education and Training (JS304/24)

Motaung v Department of Higher Education and Training (JS304/24) [2025] ZALCJHB 262 (7 May 2025)

Court

Labour Court Johannesburg

Case number

JS304/24

Judge

Phehane

The Labour Court struck a review application off the roll because it was brought as action proceedings rather than the required motion proceedings.

• Review Of Termination
• Section 158 1 H
• Procedural Irregularity
• Motion Vs Action Proceedings
• Labour-law
• Judicial-review

Phoshoko v S (Appeal) (AA09/2022)

Phoshoko v S (Appeal) (AA09/2022) [2025] ZALMPPHC 90 (5 May 2025)

Court

Limpopo High Court, Polokwane

Case number

AA 09/2022

Judges

Naude-Odendaal, Diamond, Pillay

The appeal court found that the trial court committed several procedural irregularities that went to the heart of the appellant's right to a fair trial. These included the improper admission of evidence without adequate ventilation in a 'trial within a trial', the trial court's intervention and limitation of cross-examination, and the acceptance of inadmissible hearsay evidence. The trial court failed to clarify which evidence formed the basis of the conviction and did not properly address the admissibility of the pointing out and confession. The cumulative effect of these irregularities rend…

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• Fair Trial Rights
• Admissibility Of Evidence
• Procedural Irregularity
• Confession And Admission
• Criminal Appeal
• Unconstitutionally Obtained Evidence

D.T.M and Another v M.C Van Der Berg Attorneys and Others (2025/028096)

D.T.M and Another v M.C Van Der Berg Attorneys and Others (2025/028096) [2025] ZAGPPHC 387 (4 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/028096

Judge

E.M Kubushi

The court found that while a case may have been made out for the preservation of the funds, the relief sought was improper as the funds were not in the possession of the First or Second Respondent, but with the Third Respondent, against whom no relief was sought in the founding papers. The Applicants attempted to rely on the prayer for further and/or alternative relief to amend their claim at the hearing, but this was not justified by the facts set out in the founding affidavit and was procedurally irregular. The court held that such an amendment, sought at a late stage without proper notice…

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• Urgent Interdict
• Preservation Of Funds
• Amendment Of Notice Of Motion
• Divorce Settlement
• Trust Account
• Procedural Irregularity

Lesala v Metal and Engineering Industries Bargaining Council and Others (JR1785/21)

Lesala v Metal and Engineering Industries Bargaining Council and Others (JR1785/21) [2025] ZALCJHB 80 (21 February 2025)

Court

Labour Court Johannesburg

Case number

JR1785/21

Judge

S.B Nhlapo

The court found that the sole witness for the third respondent, Mr Nicky Louw, was not effectively cross-examined due to his absence and technical difficulties during the virtual hearing. The Commissioner failed to make any ruling or mention of how the evidence was handled in light of the lack of cross-examination, which constituted a gross irregularity. The absence of proper cross-examination of the sole witness, who was also the complainant, undermined the fairness of the proceedings and the award. The court held that such an irregularity could not be cured except by reviewing and setting a…

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• Unfair Dismissal
• Arbitration Review
• Procedural Irregularity
• Cross Examination
• Onus Of Proof

Mntungwa v Maripane and Others (2021/27860)

Mntungwa v Maripane and Others (2021/27860) [2025] ZAGPJHC 170 (18 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/27860

Judge

WJ du Plessis

Leave to appeal was refused in a dispute about the validity of a customary marriage and the court’s intervention in executor appointments.

• Customary Marriage Validity
• Executor Appointment
• Superior Courts Act Section 17
• Procedural Irregularity
• Customary-marriage-validity
• Executor-appointment