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South Africa Case Law

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Criminal Law [2017] ZAGPJHC 340

Ramolefi v S (A330/2016)

Ramolefi v S (A330/2016) [2017] ZAGPJHC 340 (10 November 2017)

The High Court upheld a sentence appeal, finding that extreme provocation justified departure from the minimum sentence for murder.

  • Minimum Sentencing Legislation
  • Provocation As Mitigation
  • Diminished Responsibility
  • Self Defence
  • Firearms Control Act
  • Criminal-law
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Labour Law [2016] ZALCJHB 476

San Contracting Services (Pty) Ltd v Kganyago and Others (JR2720/13)

San Contracting Services (Pty) Ltd v Kganyago and Others (JR2720/13) [2016] ZALCJHB 476 (27 May 2016)

On review of an arbitration award, the Labour Court upheld reinstatement after assault dismissal, finding the commissioner could treat provocation as mitigation.

  • Unfair Dismissal
  • Disciplinary Sanctions
  • Provocation As Mitigation
  • Review Of Arbitration Award
  • Sidumo Test
  • Labour-law
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Labour Law [2003] ZALC 166

MLA Power Systems v NUMSA (J5133/99)

MLA Power Systems v NUMSA (J5133/99) [2003] ZALC 166 (2 May 2003)

The Labour Court dismissed a review of a CCMA award reinstating an employee who assaulted a child after provocation was found.

  • Review Of Arbitration Award
  • Dismissal For Assault
  • Provocation As Mitigation
  • Sanction Appropriateness
  • Labour-law
  • Ccma-review
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Labour Law [1998] ZALC 122

Metro Cash And Carry Limited v Le Roux N.O and Others (P146/98)

Metro Cash And Carry Limited v Le Roux N.O and Others (P146/98) [1998] ZALC 122 (2 December 1998)

The court held that while it may not agree with the arbitrator's conclusion, its role on review is not to substitute its own opinion but to determine whether the award is justifiable in relation to the reasons given. The arbitrator found that the employee exceeded the bounds of self-defence but was subject to extreme provocation. The arbitrator imposed a penalty by making reinstatement retrospective only to a later date, resulting in a loss of salary. The court found that the arbitrator's reasoning was rational and justifiable, and that the mitigating circumstances warranted a departure from…

  • Unfair Dismissal
  • Arbitration Review
  • Self Defence In Dismissal
  • Provocation As Mitigation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.