South Africa Case Law

Hittler v Ethekwini Municipality and Others (D616/2024)

Hittler v Ethekwini Municipality and Others (D616/2024) [2025] ZALCD 2 (13 January 2025)

Court

Labour Court Durban

Case number

D616/2024

Judge

R Lagrange

The applicant failed to plead a clear legal basis for his claim, either as a contractual breach or as a legality review. While the municipality's conduct in proceeding with a parallel internal disciplinary enquiry and dismissing the applicant during a pending s 188A pre-dismissal arbitration was contrary to established principles, the applicant did not frame his case in terms of breach of contract or review for illegality. The Labour Court's jurisdiction is determined by the pleadings, and a bald assertion of unlawfulness is insufficient. Consequently, the application was struck off for lack…

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• Pre Dismissal Arbitration
• Jurisdiction Of Labour Court
• Unlawful Dismissal
• Specific Performance
• Protected Disclosures
• Costs Award

Universal Coal Development IV (Pty) Ltd v Omega Risk Solutions (Pty) Ltd and Another (64256/2021)

Universal Coal Development IV (Pty) Ltd v Omega Risk Solutions (Pty) Ltd and Another (64256/2021) [2022] ZAGPPHC 797 (14 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

64256/2021

Judge

N Mazibuko

The High Court dismissed a review of an interlocutory arbitration award that required disclosure of unredacted documents, finding safeguards protected whistle-blower identities.

• Arbitration Review
• Discovery Of Documents
• Protected Disclosures
• Witness Protection
• Public Policy Exception
• Arbitration-review

Mabobo v Commission for Conciliation, Mediation and Arbitration and Others (J586/2021)

Mabobo v Commission for Conciliation, Mediation and Arbitration and Others (J586/2021) [2021] ZALCJHB 97 (7 June 2021)

Court

Labour Court Johannesburg

Case number

J586/2021

Judge

Van Niekerk

The applicant failed to establish a clear or prima facie right to any of the interim relief sought. The employment relationship with the third respondent was terminated by the applicant's own resignation, and the arbitrator found no dismissal under the LRA. The Labour Court does not have jurisdiction over claims asserted by a former employee. The restraint undertakings in the contract are not unconstitutional and remain enforceable unless set aside for unreasonableness, which the applicant did not prove. There is no entitlement to payment for restraint undertakings or to legal costs from the…

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• Constructive Dismissal
• Interim Relief
• Restraint Of Trade
• Protected Disclosures
• Jurisdiction
• Costs Order

Lungisa Pump (Pty) Ltd v Exxaro Coal Mpumalanga (Pty) Ltd (25001/15)

Lungisa Pump (Pty) Ltd v Exxaro Coal Mpumalanga (Pty) Ltd (25001/15) [2018] ZAGPPHC 703 (25 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

25001/15

Judge

M Sello

The applicant failed to discharge the onus of showing that the requested records are required for the exercise or protection of its rights as contemplated by section 50 of PAIA. The applicant merely asserted its rights to privacy and reputation without specifying the steps it intended to take to protect those rights or demonstrating the relevance of the requested information to such steps. The court found that the mere existence of constitutionally protected rights does not entitle a requester to access records under PAIA; more is required. The applicant's case faltered at the first stage of…

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• Promotion Of Access To Information Act
• Right To Privacy
• Reputational Damage
• Protected Disclosures
• Onus Of Proof

Mvoko v South African Broadcasting Corporation Soc Ltd (1066/2016)

Mvoko v South African Broadcasting Corporation Soc Ltd (1066/2016) [2017] ZASCA 139; 2018 (2) SA 291 (SCA) (29 September 2017)

Court

Supreme Court of Appeal

Case number

1066/2016

Judges

Navsa, Mathopo, Mokgohloa, Tsoka, Fourie

The Supreme Court of Appeal found that the SABC's interpretation of the 'as and when required' clause was overly broad and inconsistent with the agreement's context and annexures, which contemplated regular scheduling and specific performance of services by Mr Mvoko. The SABC's suspension of Mr Mvoko was not supported by a proper investigation as required by the agreement, and its conduct, motivated by political interference, breached its constitutional and statutory obligations to uphold editorial independence and freedom of expression. The court held that the SABC must comply with the agree…

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• Specific Performance
• Freedom Of Expression
• Broadcasting Act
• Editorial Independence
• Protected Disclosures
• Contractual Interpretation

Hunter v Financial Services Board and Others (3725/16)

Hunter v Financial Services Board and Others (3725/16) [2016] ZAGPPHC 1208 (14 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

3725/16

Judge

HF Jacobs

The applicant failed to establish the necessary standing in law to claim the relief sought, either under the original or amended notice of motion. The court found that the applicant did not have a direct and substantial interest sufficient to justify judicial intervention compelling the FSB and the Minister to act in the manner she prescribed. The constitutional and statutory provisions relied upon did not confer enforceable rights in this context. The application for amendment was refused due to genuine disputes of fact, lateness, and lack of standing. The joinder of the third and fourth res…

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• Standing To Seek Relief
• Public Interest Litigation
• Pension Fund Regulation
• Judicial Review
• Costs Award
• Protected Disclosures