Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
8 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Labour Law [2025] ZALCD 28

Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023)

Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023) [2025] ZALCD 28 (28 July 2025)

Court
Labour Court Durban
Case number
D533/2023
Judge
K Allen-Yaman

The court held that the applicant was discharged from the public service by operation of law under section 17(3)(a)(i) of the Public Service Act, as he absented himself from his official duties as an interpreter without permission for a period exceeding one calendar month, despite direct instructions to return to his substantive post. The applicant failed to provide objective evidence that he reported for duty as required, and his attempts to substitute new relief at the hearing were not supported by his pleadings. The court found that no reviewable administrative decision existed, and the ju…

Source excerpt

  • Public Service Act
  • Deemed Dismissal
  • Jurisdictional Requirements
  • Reinstatement
  • Review Of Administrative Action
Read case analysis
Labour Law [2025] ZALAC 34

Bonakele v Department of Health (CA17-2024)

Bonakele v Department of Health (CA17-2024) [2025] ZALAC 34 (4 June 2025)

Court
Labour Appeal Court
Case number
CA17/2024
Judges
Savage, Waglay, Musi

The Labour Appeal Court found that the respondent was aware of the appellant's whereabouts and reasons for absence, and had elected to bar her entry to the workplace and pursue disciplinary action rather than invoke deemed dismissal under section 17(3)(a)(i) of the Public Service Act. The respondent's subsequent reliance on deemed dismissal was an afterthought and not supported by the facts. The appellant was effectively suspended from duty from 14 February 2023, and the requirements for deemed dismissal were not met. The Labour Court committed a material misdirection in refusing declaratory…

Source excerpt

  • Deemed Dismissal
  • Public Service Act
  • Absence Without Leave
  • Disciplinary Procedure
  • Reinstatement
  • Compensation
Read case analysis
Labour Law [2025] ZALCJHB 158

Jansen v North West Department of Education and Others (2025/032845)

Jansen v North West Department of Education and Others (2025/032845) [2025] ZALCJHB 158 (17 April 2025)

Court
Labour Court Johannesburg
Case number
2025/032845
Judge
G Mafa-Chali

The court found that the applicant failed to demonstrate genuine urgency in her application. Although she was informed on 20 January 2025 that her retirement withdrawal was refused, she delayed filing the application until 10 March 2025 and instead pursued further correspondence, which undermined her claim of urgency. The court held that urgency must not be self-created and that applicants must act promptly when their rights are affected. The applicant's reliance on constitutional principles and potential financial hardship did not suffice to establish urgency, as she did not act with the req…

Source excerpt

  • Public Service Act
  • Retirement Notice Withdrawal
  • Delegation Of Authority
  • Urgency In Litigation
  • Specific Performance
  • Employment Contract Termination
Read case analysis
Labour Law [2024] ZALAC 69

HOSPERSA obo Naidoo and Others v MEC Department of Health KZN and Others (DA 8/23)

HOSPERSA obo Naidoo and Others v MEC Department of Health KZN and Others (DA 8/23) [2024] ZALAC 69; (2025) 46 ILJ 933 (LAC); [2025] 5 BLLR 445 (LAC) (23 December 2024)

Court
Labour Appeal Court
Case number
DA 8/23
Judges
Savage, Van Niekerk, Jolwana

The Labour Appeal Court held that the appellant failed to provide a reasonable explanation for the excessive delay in filing the review application, which is fatal to the condonation application. The Court found that the arbitrator correctly interpreted the collective agreement and the ministerial directive, which required ministerial consultation and approval for salary upgrades in the corporate services environment for posts graded at levels 10 and 12 after 1 August 2012. The posts in question are transversal across government departments, necessitating regulatory oversight to ensure consis…

Source excerpt

  • Collective Agreements
  • Condonation
  • Salary Upgrades
  • Public Service Act
  • Interpretation Of Collective Agreements
Read case analysis
Labour Law [2024] ZALCPE 43

Sampson v Minister of Justice and Constitutional Development (PR85/21)

Sampson v Minister of Justice and Constitutional Development (PR85/21) [2024] ZALCPE 43 (12 November 2024)

Court
Labour Court Port Elizabeth
Case number
PR85/21
Judge
MZN Lallie

The court found that while condonation for the late filing of the answering affidavit should be granted, the application for review must fail because there was no reviewable decision as contemplated by section 158(1)(h) of the Labour Relations Act. The respondent had not yet complied with the Free State High Court order to consider the applicant's representations, and thus no final decision had been made on those representations. The letter dated 18 March 2021 did not constitute a reviewable administrative act, as it was overtaken by the subsequent court order. Without a jurisdictional fact i…

Source excerpt

  • Condonation
  • Jurisdictional Fact
  • Review Of Administrative Action
  • Public Service Act
  • Promotion Of Administrative Justice Act
Read case analysis
Labour Law [2024] ZALCJHB 394

Nkabinde v Public Health and Social Development and Others (JR1866/22)

Nkabinde v Public Health and Social Development and Others (JR1866/22) [2024] ZALCJHB 394; (2025) 46 ILJ 173 (LC) (13 September 2024)

Court
Labour Court Johannesburg
Case number
JR1866/22
Judge
Myburgh

The commissioner failed to conduct the required factual enquiry to determine whether the requirements of section 17(3)(a)(i) of the Public Service Act were met, instead assuming their fulfilment based solely on the Department's reliance on the section in the termination letter. This constituted a gross irregularity and a misconception of the nature of the enquiry. The jurisprudence of the Supreme Court of Appeal in Solidarity confirms that if the requirements of the deemed dismissal provision are not met, a dismissal under the Labour Relations Act occurs, and the bargaining council has jurisd…

Source excerpt

  • Deemed Dismissal
  • Public Service Act
  • Jurisdiction Of Bargaining Council
  • Unfair Dismissal
  • Condonation
  • Review Of Arbitration Award
Read case analysis
Labour Law [2024] ZALCCT 26

Bonakele v Department Of Health North-West Province and Others (C294/2023)

Bonakele v Department Of Health North-West Province and Others (C294/2023) [2024] ZALCCT 26; (2024) 45 ILJ 2282 (LC) (11 July 2024)

Court
Labour Court Cape Town
Case number
C294/2023
Judge
R Lagrange

The court found that the applicant was absent from performing her official duties for more than a calendar month without authorisation from the head of department. Her presence at the hospital was solely for meetings related to grievances, not for the performance of her duties. She failed to provide any medical certificates or evidence of authorised absence, and did not respond to written instructions to return to work. The factual circumstances did not support her claim that her absence was authorised or justified. The requirements for deemed dismissal under section 17(3)(a)(i) of the Public…

Source excerpt

  • Public Service Act
  • Deemed Dismissal
  • Unauthorised Absence
  • Declaratory Relief
  • Condonation
  • Employee Wellness
Read case analysis
Constitutional Law [2024] ZAGPPHC 156

Solidarity v Minister of Health and Others (033367/2022)

Solidarity v Minister of Health and Others (033367/2022) [2024] ZAGPPHC 156; 2024 (5) SA 563 (GP) (29 February 2024)

Court
North Gauteng High Court, Pretoria
Case number
033367/2022
Judge
DN Unterhalter

The court held that the decisions taken by the respondents did not constitute unlawful implementation of the National Health Insurance Bill, but rather lawful planning and capacity creation in anticipation of the Bill becoming law. The distinction between planning and implementation is critical: while the executive may not exercise powers not yet conferred by law, it is both lawful and prudent to prepare for significant legislative changes. The organisational changes, recruitment, and capacity building did not amount to the constitution or operation of the NHI Fund, which can only occur once…

Source excerpt

  • Separation Of Powers
  • Ultra Vires
  • Public Service Act
  • Public Service Regulations
  • Executive Authority
  • Standing
Read case analysis
Civil Procedure [2023] ZALMPTHC 16

Nemandivhe v Minister of Higher Education and Others (1155/2022)

Nemandivhe v Minister of Higher Education and Others (1155/2022) [2023] ZALMPTHC 16 (26 October 2023)

Court
Limpopo High Court, Thohoyandou
Case number
1155/2022
Judge
N E Denge

The applicant failed to establish a clear legal right to retain monies paid in error, as he admitted the overpayment and did not dispute the department's entitlement to recover such funds. The department's correspondence did not indicate reliance on the unconstitutional provisions of the Public Service Act, and any recovery from pension benefits would be subject to lawful process under the Government Employees Pension Law. There was no injury or reasonable apprehension of harm, as the department had not taken steps to attach pension benefits without a court order. The applicant had an availab…

Source excerpt

  • Final Interdict
  • Salary Overpayment Recovery
  • Public Service Act
  • Pension Benefits Attachment
  • Constitutional Invalidity
  • Alternative Remedy
Read case analysis
Labour Law [2023] ZAECBHC 33

Ndjibu and Others v Member of the Executive Council for Health, Eastern Cape Province and Others (331/2023)

Ndjibu and Others v Member of the Executive Council for Health, Eastern Cape Province and Others (331/2023) [2023] ZAECBHC 33 (10 October 2023)

Court
Eastern Cape High Court, Bhisho
Case number
331/2023
Judge
Rugunanan

The court found that the applicants, as foreign nationals without South African citizenship or permanent residency, did not meet the statutory requirements for permanent appointment under section 10(1)(a) of the Public Service Act. The district manager acted ultra vires in appointing them permanently, contrary to both the Act and national policy, which only permits fixed-term contracts for foreign nationals. The employment contracts and letters of appointment were therefore unlawful and invalid. The court rejected the applicants' argument that breach of the Act should not result in nullity, d…

Source excerpt

  • Public Service Act
  • Employment Of Foreign Nationals
  • Legality Review
  • Ultra Vires
  • Fixed Term Contracts
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.