South Africa Case Law

Office of the Premier Free State Province v Lesiu Others (C126/2023)

Office of the Premier Free State Province v Lesiu Others (C126/2023) [2025] ZALCCT 63 (5 August 2025)

Court

Labour Court Cape Town

Case number

C126/2023

Judge

C May

The Court found that the explanation for the delay in prosecuting the review application was reasonable and covered the entire period, as the Applicant was awaiting cooperation from the First Respondent's attorney to reconstruct the lost record. The late filing of the confirmatory affidavit by the First Respondent's attorney constituted an irregular step, as it was filed out of sequence and without condonation. The First Respondent failed to provide a reasonable explanation for the late filing of his answering affidavit, and thus condonation was refused. The Applicant demonstrated good cause…

Source excerpt

• Condonation
• Reinstatement Of Review
• Irregular Step
• Practice Manual Compliance
• Record Reconstruction
• Substantive Fairness

Likgale v Statutory Council for Printing Industry and Others (C747/2021)

Likgale v Statutory Council for Printing Industry and Others (C747/2021) [2025] ZALCCT 44 (4 July 2025)

Court

Labour Court Cape Town

Case number

C747/2021

Judge

Venter

The Labour Court reinstated a review application after finding good cause for delay, where record problems and legal representation issues hindered compliance.

• Condonation
• Practice Manual Compliance
• Reinstatement Of Review
• Delay Explanation
• Prospects Of Success
• Reinstatement-of-review

Emfuleni Local Municipality v SAMWU obo Mdluli and Others (JR2106/19)

Emfuleni Local Municipality v SAMWU obo Mdluli and Others (JR2106/19) [2025] ZALCJHB 172 (5 May 2025)

Court

Labour Court Johannesburg

Case number

JR2106/19

Judge

N Tshisevhe

The Labour Court granted condonation, reinstated a review, set aside an unfair labour practice award, dismissed a Rule 11 application, and dismissed a cross-review.

• Unfair Labour Practice
• Condonation
• Review Of Arbitration Award
• Practice Manual Time Limits
• Reinstatement Of Review
• Rule 11 Application

Motloutsi v University of Pretoria and Others (JR1963/21)

Motloutsi v University of Pretoria and Others (JR1963/21) [2025] ZALCJHB 166 (10 April 2025)

Court

Labour Court Johannesburg

Case number

JR1963/21

Judge

P.H. Kirstein

The Labour Court reinstated a review application deemed withdrawn, holding that the applicant showed good cause despite an excessive delay caused largely by former representatives.

• Condonation
• Reinstatement Of Review
• Practice Manual Compliance
• Unfair Dismissal
• Failure To Present Case
• Reinstatement-of-review

Sun International Maslow Hotel v Rikhotso (JR234/21)

Sun International Maslow Hotel v Rikhotso (JR234/21) [2025] ZALCJHB 168 (10 April 2025)

Court

Labour Court Johannesburg

Case number

JR234/21

Judge

P.H. Kirstein

The Labour Court reinstated a lapsed review of a CCMA arbitration award after finding bona fide reconstruction efforts, attorney incapacity, and interests of justice.

• Condonation
• Reinstatement Of Review
• Arbitration Record Reconstruction
• Unfair Dismissal
• Labour-law
• Review-applications

Department of Education Free State Province v Suid-Afrikaanse Onderwysers Unie obo Greyvenstein and Others (C495/2023)

Department of Education Free State Province v Suid-Afrikaanse Onderwysers Unie obo Greyvenstein and Others (C495/2023) [2025] ZALCCT 15 (6 March 2025)

Court

Labour Court Cape Town

Case number

C495/2023

Judge

Van Voore

The Labour Court granted reinstatement of a review application deemed withdrawn after delay in filing the record, finding good cause and no fatal non-joinder issue.

• Condonation
• Practice Manual Compliance
• Reinstatement Of Review
• Collective Agreement Interpretation
• Non Joinder
• Reinstatement-of-review

Ehlanzeni Tvet College v PSA obo Ramolefe and Others (JR726/22)

Ehlanzeni Tvet College v PSA obo Ramolefe and Others (JR726/22) [2025] ZALCJHB 8 (17 January 2025)

Court

Labour Court Johannesburg

Case number

JR726/22

Judge

C Orr

The Labour Court reinstated a review application deemed withdrawn after a late record filing, finding the delay sufficiently explained and the applicant’s prospects and prejudice favoured relief.

• Condonation
• Practice Manual Clauses
• Reinstatement Of Review
• Delay Explanation
• Prejudice
• Prospects Of Success

Mogale and Another v Tshifhiwa N.O and Others (JR821/16)

Mogale and Another v Tshifhiwa N.O and Others (JR821/16) [2024] ZALCJHB 468 (18 November 2024)

Court

Labour Court Johannesburg

Case number

JR821/16

Judge

S M Shaba

The Labour Court refused to reinstate a review application archived under the Practice Manual, finding an excessive delay, no adequate explanation, and prejudice to the employer.

• Condonation
• Practice Manual Compliance
• Reinstatement Of Review
• Late Filing
• Withdrawal And Archiving
• Labour Relations Act

Department of Public Works v PSA obo Magoso and Others (2024/112092)

Department of Public Works v PSA obo Magoso and Others (2024/112092) [2024] ZALCJHB 427 (17 October 2024)

Court

Labour Court Johannesburg

Case number

2024/112092

Judge

R Itzkin

The Labour Court reinstated a withdrawn review, stayed execution of an arbitration award, and refused consolidation, with no costs order.

• Stay Of Execution
• Reinstatement Of Review
• Condonation
• Arbitration Award Enforcement
• Practice Manual Compliance
• Stay-of-execution

Maloka v Commission For Conciliation, Mediation and Arbitration (JR696/21)

Maloka v Commission For Conciliation, Mediation and Arbitration (JR696/21) [2024] ZALCJHB 542 (9 October 2024)

Court

Labour Court Johannesburg

Case number

JR696/21

Judge

M. T. M. Phehane

The Labour Court removed a reinstatement application from the roll after finding no proper service on the respondents and directed compliance with Rule 9(2).

• Service Of Process
• Reinstatement Of Review
• Rule 9 Compliance
• Service-of-process
• Reinstatement-of-review
• Labour-court-procedure