South Africa Case Law

Cibane and Another v Premier of the Province of Kwazulu-Natal and Another (D 518/2021)

Cibane and Another v Premier of the Province of Kwazulu-Natal and Another (D 518/2021) [2023] ZALCD 19; (2024) 45 ILJ 533 (LC) (17 November 2023)

Court

Labour Court Durban

Case number

D 518/2021

Judge

Whitcher

Labour Court refused to quash misconduct charges against senior public officials, holding that delay and alleged waiver did not justify stopping the disciplinary process.

• Disciplinary Proceedings
• Waiver Of Rights
• Unreasonable Delay
• Public Service Misconduct
• Legality Principle
• Labour-law

National Commissioner of Police and Another v Harri NO and Another (C 641/2009)

National Commissioner of Police and Another v Harri NO and Another (C 641/2009) [2010] ZALC 176; (2011) 32 ILJ 1175 (LC) (19 November 2010)

Court

Labour Court

Case number

C 641/2009

Judge

Steenkamp

The court found that the chairperson's decision in the disciplinary enquiry constituted administrative action and was reviewable under section 158(1)(h) of the Labour Relations Act. The sanction imposed—a fine and suspended dismissal—was grossly unreasonable given the seriousness of the misconduct, the employee's position of trust, and the lack of remorse. The chairperson failed to apply his mind properly to the facts and the requirements of the police service. The court held that the only reasonable sanction was dismissal and, given the full record and the prejudice caused by delay, substitu…

Source excerpt

• Disciplinary Enquiry
• Review Of Administrative Action
• Sanction Substitution
• Unreasonableness
• Condonation
• Public Service Misconduct

National Commissioner of Police and Another v Harri NO and Another (C641/2009)

National Commissioner of Police and Another v Harri NO and Another (C641/2009) [2010] ZALCCT 30 (19 November 2010)

Court

Labour Court Cape Town

Case number

C641/2009

Judge

Steenkamp

Labour Court review of a police disciplinary sanction for theft by a senior officer; condonation refused, and the lenient sanction was replaced with dismissal.

• Disciplinary Enquiry
• Review Of Administrative Action
• Sanction Substitution
• Unreasonableness
• Condonation
• Public Service Misconduct