South Africa Case Law

Parsons Transport Operations (Pty) Ltd v Mkansi and Others (JR2295/23)

Parsons Transport Operations (Pty) Ltd v Mkansi and Others (JR2295/23) [2025] ZALCJHB 71 (27 February 2025)

Court

Labour Court Johannesburg

Case number

JR2295/23

Judge

Milo

The Labour Court cannot determine the merits of a review application where the record of the arbitration proceedings is missing and material to the issues raised. The applicant has not taken all reasonable steps to obtain or reconstruct the record, but has made some attempts. Given the absence of opposition, lack of excessive delay, and the interests of justice, the appropriate course is to postpone the application sine die to allow the applicant further opportunity to address the missing record. Dismissal at this stage would be inappropriate as it may unjustly saddle the applicant with an ar…

Source excerpt

• Review Of Arbitration Award
• Record Of Proceedings
• Gross Irregularity
• Collective Agreement Compliance
• Postponement Of Application

TASWU obo Maluleka v Koekemoer NO and Others (JR 1624/2018)

TASWU obo Maluleka v Koekemoer NO and Others (JR 1624/2018) [2023] ZALCJHB 328 (28 November 2023)

Court

Labour Court Johannesburg

Case number

JR 1624/2018

Judge

Van Niekerk

The Labour Court dismissed an application to reinstate a review deemed withdrawn after the applicant failed to file a complete record timeously.

• Practice Manual Compliance
• Review Application Withdrawal
• Unfair Dismissal
• Record Of Proceedings
• Costs Award
• Labour-law

Van Straaten v Wehnke NO and Others (JR 1876/21)

Van Straaten v Wehnke NO and Others (JR 1876/21) [2023] ZALCJHB 269; (2024) 45 ILJ 180 (LC) (12 September 2023)

Court

Labour Court Johannesburg

Case number

JR 1876/21

Judge

G N Moshoana

The court held that a transcription produced by the applicant from the electronic record provided by the CCMA is sufficient for the purposes of a review application, irrespective of whether it was created by a professional transcriber. Insisting on a professionally transcribed record would unjustifiably limit the applicant's constitutional right of access to court, particularly for impecunious litigants. The Labour Court Rules do not require professional transcription, and the respondent is not prevented from submitting its own version of the record if it disputes the authenticity. The court…

Source excerpt

• Review Of Arbitration Award
• Labour Court Rules
• Record Of Proceedings
• Access To Court
• Social Justice

S v JEK (CA & R 26/2023)

S v JEK (CA & R 26/2023) [2023] ZANCHC 45 (28 July 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 26/2023

Judges

Mamosebo, Lever

The High Court set aside a child offender’s conviction and 8-month compulsory residence sentence, finding the guilty plea procedure and record were not in accordance with justice.

• Child Justice Act
• Automatic Review
• Plea Of Guilty
• Record Of Proceedings
• Sentencing Of Children
• Child-justice-act

Mokhele v Minister of Defence and Others (4228/2021)

Mokhele v Minister of Defence and Others (4228/2021) [2022] ZAFSHC 104 (27 May 2022)

Court

Free State High Court, Bloemfontein

Case number

4228/2021

Judge

Daniso

The court dismissed an application to compel production of a fuller Rule 53 record, holding the filed documents were sufficient for review of the military appeal.

• Rule 53 Review Procedure
• Record Of Proceedings
• Right Of Access To Court
• Fair Trial Rights
• Rule-53-review
• Record-of-proceedings

Ntombela and Another v Murray N.O and Others (3807/2020)

Ntombela and Another v Murray N.O and Others (3807/2020) [2021] ZAFSHC 317 (7 December 2021)

Court

Free State High Court, Bloemfontein

Case number

3807/2020

Judge

Opperman

The court held that a Rule 53 review record must be produced, even if informal, and provisionally set aside a premature Rule 6(5)(d)(iii) notice.

• Uniform Rules Of Court
• Review Proceedings
• Liquidation
• Specific Performance
• Record Of Proceedings
• Condonation

S v Woelf and Another (43/2021)

S v Woelf and Another (43/2021) [2021] ZAWCHC 89; 2021 (2) SACR 97 (WCC) (7 May 2021)

Court

Western Cape High Court, Cape Town

Case number

43/2021

Judges

Nziweni, Slingers

A High Court review found the mechanically recorded magistrates’ court plea record incomplete and remitted the matter for urgent reconstruction with the accused’s participation.

• Record Of Proceedings
• Review Procedure
• Right To Fair Trial
• Record-of-proceedings
• Review-procedure
• Criminal-procedure

Zamani Marketing and Management Consultants Proprietary Limited and Another v HCI Invest 15 Holdco Proprietary Limited and Others (32026/2019)

Zamani Marketing and Management Consultants Proprietary Limited and Another v HCI Invest 15 Holdco Proprietary Limited and Others (32026/2019) [2020] ZAGPJHC 5; 2021 (5) SA 315 (GJ) (11 February 2020)

Court

South Gauteng High Court, Johannesburg

Case number

32026/2019

Judge

Unterhalter

Rule 53 is applicable to reviews of arbitration awards under section 33 of the Arbitration Act, and applicants may invoke it to obtain the record of proceedings. However, the manuscript notes of arbitrators do not form part of the record for purposes of Rule 53. The notes are private, provisional, and not necessarily related to the reasons for the award, which are provided in writing and signed by the arbitrators. Disclosure of such notes would undermine the freedom and integrity of the adjudicative process. The court found that systemic harm to the adjudicative function outweighs any potenti…

Source excerpt

• Arbitration Review
• Rule 53 Application
• Record Of Proceedings
• Deliberations And Notes
• Disclosure Obligation

Tsogo Sun Casino (Pty) Ltd v Appeal Authority of Mbombela Local Municipality and Others (544/19)

Tsogo Sun Casino (Pty) Ltd v Appeal Authority of Mbombela Local Municipality and Others (544/19) [2019] ZAGPPHC 298 (15 April 2019)

Court

North Gauteng High Court, Pretoria

Case number

544/19

Judge

JH Roelofse

High Court case on whether a settlement order lapsed after failure to file a complete record for a review, and on costs and interim relief.

• Review Of Administrative Action
• Record Of Proceedings
• Interim Interdict
• Urgent Application
• Interpretation Of Court Orders
• Review-of-administrative-action

S v Gordon (171298)

S v Gordon (171298) [2018] ZAWCHC 106 (29 August 2018)

Court

Western Cape High Court, Cape Town

Case number

171298

Judges

DM Thulare, MI Samela

The High Court found that the proceedings in the Magistrates' Court were not in accordance with justice. The Magistrate failed to keep a proper record, did not provide reasons for judgment, and did not adequately explain the accused's rights, particularly regarding admissions and cross-examination. The accused, being unrepresented, was not properly assisted, and his constitutional rights were not protected. The absence of a mechanical recording and the use of Afrikaans as the language of record, contrary to judicial directives, further compromised the fairness of the trial. The cumulative eff…

Source excerpt

• Fair Trial Rights
• Unrepresented Accused
• Record Of Proceedings
• Admissions And Confessions
• Cross Examination
• Language Of Record