South Africa Case Law

Coca Cola Beverages South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 1599/21)

Coca Cola Beverages South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 1599/21) [2025] ZALCJHB 105 (12 March 2025)

Court

Labour Court Johannesburg

Case number

JR 1599/21

Judge

Bart Ford

The Labour Court refused leave to appeal, holding that the commissioner’s withdrawal did not trigger functus officio and that no bias or evidentiary error was shown.

• Recusal Of Commissioner
• Functus Officio
• Arbitration De Novo
• Reasonable Prospect Of Success
• Bias In Arbitration
• Functus-officio

O'Hara v Parliament of South Africa and Another (C 2024-125867)

O'Hara v Parliament of South Africa and Another (C 2024-125867) [2024] ZALCCT 71 (2 December 2024)

Court

Labour Court Cape Town

Case number

C 2024-125867

Judge

Whitcher

The Labour Court dismissed an urgent review of a disciplinary chairperson’s refusal to recuse himself, finding no grave injustice or exceptional grounds for intervention.

• Recusal Of Presiding Officer
• Institutional Bias
• Disciplinary Hearing Review
• Labour Relations Act Section 158
• Exceptional Intervention
• Protected Disclosure

Sono and Another v Sheriff of the High Court Tshwane North and Another (B1781/2024)

Sono and Another v Sheriff of the High Court Tshwane North and Another (B1781/2024) [2024] ZAGPPHC 1194 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

B1781/2024

Judge

Minnaar AJ

The High Court dismissed an application for leave to appeal against an urgent-application judgment, finding no reasonable prospect of success and awarding attorney-and-client costs.

• Leave To Appeal
• Interim Interdict
• Costs Order
• Urgency
• Recusal
• Settlement Agreement

Innovative Staffing Solutions (Pty) Ltd and Others v National Bargaining Council for Road Freight and Logistics Industry and Others (JA128/2023)

Innovative Staffing Solutions (Pty) Ltd and Others v National Bargaining Council for Road Freight and Logistics Industry and Others (JA128/2023) [2024] ZALAC 54; [2025] 2 BLLR 144 (LAC); (2025) 46 ILJ 336 (LAC) (12 November 2024)

Court

Labour Appeal Court

Case number

JA128/2023

Judges

Molahlehi, Savage, Van Niekerk

The Labour Appeal Court held that s 33A(4)(b) of the LRA does not bar the CCMA from appointing an arbitrator who also serves on a bargaining council panel.

• Enforcement Of Collective Agreements
• Institutional Bias
• Appointment Of Arbitrators
• Labour Relations Act
• Recusal And Review
• Bargaining Council Jurisdiction

S v Mudolo and Another (Recusal) (CC7/2023)

S v Mudolo and Another (Recusal) (CC7/2023) [2024] ZAGPPHC 1159 (8 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC7/2023

Judge

Holland-Muter

The High Court refused leave to appeal against its recusal ruling in a criminal trial, finding no reasonable prospect of success or evidence of bias.

• Recusal Of Judge
• Leave To Appeal
• Judicial Impartiality
• Criminal Procedure Act
• Superior Courts Act
• Recusal

Phillps v Bradbury and Another (15570/13)

Phillps v Bradbury and Another (15570/13) [2024] ZAWCHC 27 (7 February 2024)

Court

Western Cape High Court, Cape Town

Case number

15570/13

Judge

DM Thulare

The High Court dismissed an application to refer a Rule 48 review to oral evidence, holding the dispute was mainly legal and could be decided without factual testimony.

• Taxation Of Costs
• Review Of Taxing Master
• Recusal Of Taxing Master
• Rule 48 Application
• Civil-procedure
• Taxation-of-costs

Maluleke v Limpopo Society of Advocates and Another - Leave to Appeal (7113/2017)

Maluleke v Limpopo Society of Advocates and Another - Leave to Appeal (7113/2017) [2023] ZALMPPHC 85 (14 September 2023)

Court

Limpopo High Court, Polokwane

Case number

7113/2017

Judges

Ranchod, Mashile

The High Court dismissed Mr Maluleke’s application for leave to appeal, finding his medical excuse inadequate, his grounds meritless, and his conduct abusive.

• Leave To Appeal
• Striking Off Roll
• Abuse Of Process
• Costs Punitive
• Recusal
• Application For Postponement

S.H.G v T.S.P and Others (1622/23P)

S.H.G v T.S.P and Others (1622/23P) [2023] ZAKZDHC 82 (31 August 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

1622/23P

Judge

WAJ Nicholson

The court dismissed an interlocutory application to reinstate a discharged domestic violence interim order, finding no substantiated bias by the magistrate.

• Domestic Violence Act
• Interim Protection Order
• Recusal Of Magistrate
• Rule Nisi
• Costs Punitive
• Bias And Impartiality

Communicare NPC v Acting Magistrate Burgins and Others (14664/2022)

Communicare NPC v Acting Magistrate Burgins and Others (14664/2022) [2023] ZAWCHC 117 (24 May 2023)

Court

Western Cape High Court, Cape Town

Case number

14664/2022

Judges

Binns-Ward, Mangcu-Lockwood

The court found that the first respondent, Ms Burgins, had published and associated herself with hostile opinions about the applicant on social media prior to presiding over the eviction application. These posts demonstrated a passionate and adverse interest in the applicant's affairs, including allegations of corruption and calls for deregistration. The court held that these circumstances gave rise to a reasonable apprehension of bias, and that Ms Burgins was under an ethical and legal duty to recuse herself. Her failure to do so rendered the proceedings before her a nullity. The court furth…

Source excerpt

• Judicial Bias
• Recusal
• Superior Courts Act Review
• Code Of Judicial Conduct
• Impartiality
• Eviction Proceedings

Minister of Correctional Services v Mashiya and Others (JR2740/13)

Minister of Correctional Services v Mashiya and Others (JR2740/13) [2023] ZALCJHB 86; (2023) 44 ILJ 1536 (LC) (22 March 2023)

Court

Labour Court Johannesburg

Case number

JR2740/13

Judge

S Snyman

The court held that when an arbitrator recuses themselves in incomplete proceedings, the arbitration must recommence de novo before a new arbitrator. The second respondent's decision to continue the arbitration based on the previous record, without a fresh hearing, constituted misconduct under section 145(2)(a) of the Labour Relations Act. This misconduct vitiated the proceedings, regardless of the outcome or any alleged agreement between the parties. The applicant was deprived of a fair hearing, and the arbitration award was accordingly reviewed and set aside. The matter was remitted to the…

Source excerpt

• Arbitrator Misconduct
• Recusal
• Review Under Lra
• Procedural Fairness
• Arbitration De Novo
• Costs Award