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

Fernandes v Niel N.O. and Others (8923/2021)

Fernandes v Niel N.O. and Others (8923/2021) [2022] ZAGPPHC 493 (15 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

8923/2021

Judge

Phooko

The court found that the Applicant failed to demonstrate actual bias or a reasonable apprehension of bias on the part of the First Respondent. The use of terms such as 'suspicions' and 'money laundering' by the First Respondent was contextual and did not indicate a foregone conclusion or partiality. The First Respondent withdrew the term 'money laundering' and explained its use, which the court found satisfactory. The Applicant and his attorney did not object to the summons or the proceedings until after substantive questioning had commenced, missing opportunities to challenge the process. Th…

Source excerpt

• Recusal Of Commissioner
• Reasonable Apprehension Of Bias
• Fit And Proper Test
• Punitive Costs
• Companies Act Enquiry

Nxumalo v Commission for Conciliation, Mediation and Arbitration and Others (P69/13)

Nxumalo v Commission for Conciliation, Mediation and Arbitration and Others (P69/13) [2016] ZALCPE 22 (17 November 2016)

Court

Labour Court Port Elizabeth

Case number

P69/13

Judge

E Tlhotlhalemaje

The Labour Court reviewed and set aside a CCMA dismissal ruling after finding the commissioner misapplied the LRA and acted unfairly when the applicant left to pursue a bias complaint.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Recusal Of Commissioner
• Waiver Of Rights
• Review-of-arbitration-award

Premier Foods (Pty) Ltd (Nelspruit) v Commission for Conciliation, Meditation and Arbitration and Others (JR2103/12)

Premier Foods (Pty) Ltd (Nelspruit) v Commission for Conciliation, Meditation and Arbitration and Others (JR2103/12) [2016] ZALCJHB 426; (2017) 38 ILJ 658 (LC) (8 November 2016)

Court

Labour Court Johannesburg

Case number

JR2103/12

Judge

S Snyman

The arbitrator's conduct during the conciliation phase of the con/arb proceedings was improper and constituted misconduct. By expressing views on the merits and prospects of success, the arbitrator prejudged the matter and compromised his impartiality. The refusal to properly entertain the recusal application further deprived the applicant of a fair hearing. These actions vitiated the arbitration proceedings and rendered the award a nullity. The Labour Court, exercising its supervisory function, found that the applicant did not receive a lawful, reasonable, and procedurally fair hearing. Acco…

Source excerpt

• Arbitration Review
• Recusal Of Commissioner
• Procedural Fairness
• Misconduct By Arbitrator
• Unfair Dismissal

Royal Bafokeng Platinum Mine Limited v Van Wyk (J 254/15)

Royal Bafokeng Platinum Mine Limited v Van Wyk (J 254/15) [2015] ZALCJHB 44 (20 February 2015)

Court

Labour Court Johannesburg

Case number

J 254/15

Judge

Lallie

The Labour Court stayed a CCMA arbitration pending finalisation of an application challenging the earlier proceedings and seeking a de novo hearing.

• Stay Of Arbitration
• Urgent Interdict
• Unfair Dismissal
• Recusal Of Commissioner
• Stay-of-arbitration
• Urgent-interdict

Protech Khuthele (Pty) Ltd and Another v Wabile NO and Others (JR 179/11)

Protech Khuthele (Pty) Ltd and Another v Wabile NO and Others (JR 179/11) [2012] ZALCJHB 168; (2013) 34 ILJ 1246 (LC) (12 October 2012)

Court

Labour Court Johannesburg

Case number

JR 179/11

Judge

Van Niekerk

The court held that the commissioner’s prior association with SACCAWU, a COSATU affiliate, did not create a reasonable apprehension of bias in arbitration proceedings involving NUM, another COSATU affiliate. There was no direct relationship between the commissioner and NUM, nor did the subject matter of the arbitration arise from the commissioner’s prior employment or SACCAWU’s affiliation. The mere fact of shared trade union federation membership is insufficient to establish bias. The commissioner was not obliged to disclose his prior association, as it was not reasonably relevant to a recus…

Source excerpt

• Recusal Of Commissioner
• Apprehension Of Bias
• Trade Union Affiliation
• Arbitration Review
• Ccma Code Of Conduct

Kwazulu Transport (Pty) Ltd v Mnguni and Others (D975/2000)

Kwazulu Transport (Pty) Ltd v Mnguni and Others (D975/2000) [2001] ZALC 57; [2001] 7 BLLR 770 (LC); (2001) 22 ILJ 1646 (LC) (19 April 2001)

Court

Labour Court

Case number

D975/2000

Judge

Pillay

The Labour Court set aside a CCMA commissioner’s refusal to recuse himself, finding non-disclosure of prior involvement created a reasonable apprehension of bias.

• Recusal Of Commissioner
• Reasonable Apprehension Of Bias
• Review Of Arbitration Award
• Conflict Of Interest
• Misconduct
• Duty Of Disclosure

Coin Security Group (Pty) Limited v Mshengu and Others (D893/99)

Coin Security Group (Pty) Limited v Mshengu and Others (D893/99) [2001] ZALC 2; (2001) 22 ILJ 910 (LC) (8 January 2001)

Court

Labour Court

Case number

D893/99

Judge

Maserumule AJ

The Labour Court upheld a review only to correct compensation above the statutory maximum, rejecting claims of postponement irregularity, bias, and interpreter impropriety.

• Arbitration Review
• Postponement Of Proceedings
• Recusal Of Commissioner
• Compensation For Unfair Dismissal
• Role Of Interpreter
• Costs Award