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South Africa Case Law

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Labour Law [1995] ZASCA 21

Masinga v Minister of Justice Kwazulu Government (628/92)

Masinga v Minister of Justice Kwazulu Government (628/92) [1995] ZASCA 21; 1995 (3) SA 214 (AD); [1995] 2 All SA 350 (A); (1995) 16 ILJ 823 (A) (27 March 1995)

The court held that a suspended public prosecutor’s casual, hourly work at a university did not amount to “other employment” under the KwaZulu Public Service Act.

  • Public Service Dismissal
  • Onus Of Proof
  • Temporary Employment
  • Declaratory Relief
  • Public-service-dismissal
  • Onus-of-proof
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Administrative Law [1992] ZASCA 115

Adminstrator of Natal and Another v Sibiya and Another (100/91)

Adminstrator of Natal and Another v Sibiya and Another (100/91) [1992] ZASCA 115; 1992 (4) SA 532 (AD); [1992] 2 All SA 442 (A) (20 August 1992)

The court held that public-sector employees retrenched on notice were entitled to a hearing before dismissal. Failure to follow audi alteram partem made the dismissals invalid.

  • Audi Alteram Partem
  • Procedural Fairness
  • Public Service Dismissal
  • Retrenchment
  • Natural Justice
  • Audi-alteram-partem
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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.