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South Africa decisions
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Makate v Joosub N.O and Another (57882/2019) [2022] ZAGPPHC 55; [2022] 2 All SA 226 (GP) (7 February 2022)
The High Court reviewed and set aside Vodacom CEO Shameel Joosub’s compensation determination for Kenneth Makate’s Please Call Me idea and remitted it for fresh determination.
Basson and Others v Hanna (37/2016) [2016] ZASCA 198; [2017] 1 All SA 669 (SCA); 2017 (3) SA 22 (SCA) (6 December 2016)
The Supreme Court of Appeal held that the parties' failure to agree on the applicable interest rate did not render the contract invalid, as the Prescribed Rate of Interest Act provides for a default rate in such circumstances. The respondent established a valid agreement and proved that Basson repudiated it. Specific performance became impossible due to Basson's alienation of the subject matter, entitling the respondent to claim damages as a surrogate for specific performance. The majority decision in ISEP does not preclude such a claim in this context. The parties agreed on the quantum and i…
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Madumo v MEC for Agricultural and Rural Development, North West Province (76/2011) [2012] ZANWHC 53 (31 May 2012)
The court dismissed a claim for permanent appointment, finding no binding promise by the MEC to appoint the applicant as director.
Abdullah v Kouga Municipality and Another (P01/12) [2012] ZALCPE 4; [2012] 5 BLLR 425 (LC); (2012) 33 ILJ 1850 (LC) (2 February 2012)
The court found that the respondents did not act in contempt of the interim order uplifting the applicant's suspension, as the subsequent dismissal rendered the order legally inoperative. The summary termination of the applicant's fixed-term contract was unlawful, as the respondents failed to establish a lawful cause for termination and relied solely on a breakdown of trust, which is insufficient for unilateral termination under the contract. However, given the breakdown of trust, reinstatement or specific performance was not appropriate. The applicant's remedy is confined to contractual dama…
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Abrahams v Drake & Scull Facilities Management (SA) Pty Ltd (C 1105/10) [2011] ZALCCT 30; [2012] 5 BLLR 434 (LC); (2012) 33 ILJ 1093 (LC) (11 November 2011)
The Labour Court held that an employer could not unilaterally cut an employee’s salary. It ordered restoration of the contract, back pay, provident fund differences and costs.
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