South Africa Case Law

Jan Louis Jordaan v MEC for Local Government Environmental Affairs and Development Planning, Western Cape and Others

The Supreme Court of Appeal erred in holding that the applicant's review was res judicata because the earlier settlement order arose from different parties, a different cause of action and a different subject matter, and its bare terms did not show that the relevant issues were finally determined. Leave to appeal was therefore granted and the appeal upheld; however, because the merits involved technical and factual issues better suited to the Supreme Court of Appeal, the matter was remitted rather than decided finally by the Constitutional Court.

Source excerpt

• Res judicata
• Leave to appeal
• Environmental authorisation
• Judicial review
• Protected areas
• Settlement order

Modiba v Clicks Retailers (Pty) Ltd and Others (JR986/23)

Modiba v Clicks Retailers (Pty) Ltd and Others (JR986/23) [2025] ZALCJHB 323 (31 July 2025)

Court

Labour Court Johannesburg

Case number

JR986/23

Judge

L Erasmus

The Labour Court reviewed and set aside a dismissal arbitration award after finding a commissioner relied on hearsay and speculation and blocked key witness evidence.

• Review Of Arbitration Award
• Condonation
• Substantive Fairness
• Hearsay Evidence
• Remittal
• Costs Order

Vodacom (Pty) Limited v Kenneth Nkosana Makate and Another

The Supreme Court of Appeal’s judgment was so thinly reasoned and so affected by confusion, disregard of evidence, and failure to address central issues that it constituted a total failure of justice and breached the rule of law and section 34. In addition, the substituted order it granted in favour of Mr Makate was not properly before it because there was no cross-appeal. The appeal therefore had to succeed and the matter be remitted for rehearing before a differently constituted panel of the Supreme Court of Appeal.

Source excerpt

• Fair hearing
• Rule of law
• Appellate jurisdiction
• Cross-appeal
• Remittal
• Costs

Thulare v Thulare and Others (470/2023)

Thulare v Thulare and Others (470/2023) [2025] ZASCA 100 (7 July 2025)

Court

Supreme Court of Appeal

Case number

470/2023

Judges

Zondi, Keightley, Unterhalter, Steyn, Henney

The Supreme Court of Appeal upheld an appeal over who may identify an acting Bapedi monarch, holding that custom had to be proved by evidence and remitting the matter for oral evidence.

• Traditional Leadership
• Customary Law Evidence
• Statutory Interpretation
• Interim Relief
• Remittal For Oral Evidence
• Customary-law

Mphahlele v Commission for Conciliation, Mediation and Arbitration and Others (JR811/15)

Mphahlele v Commission for Conciliation, Mediation and Arbitration and Others (JR811/15) [2025] ZALCJHB 272 (24 June 2025)

Court

Labour Court Johannesburg

Case number

JR811/15

Judge

M T M Phehane

The Labour Court held that the review had lapsed for failure to prosecute and file the record, dismissed the remittal application, and ordered costs.

• Review Application
• Remittal Of Dispute
• Practice Manual Compliance
• Arbitration Record
• Costs Order
• Labour-law

Mpilo and Zen Holdings (Pty) Ltd v Minister of Mineral Resources and Energy and Others (3985/2023)

Mpilo and Zen Holdings (Pty) Ltd v Minister of Mineral Resources and Energy and Others (3985/2023) [2025] ZAMPMBHC 32 (5 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

3985/2023

Judge

H F Fourie

High Court review of mining-related administrative decisions was upheld, with impugned decisions set aside, remitted for reconsideration, and a permit preserved pending appeal.

• Promotion Of Administrative Justice Act
• Mining Permit Renewal
• Condonation For Late Filing
• Locus Standi
• Remittal Of Administrative Action
• Administrative-law

Association of Mineworkers and Construction Union obo Gladile and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 674/18)

Association of Mineworkers and Construction Union obo Gladile and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 674/18) [2025] ZALCJHB 107 (11 March 2025)

Court

Labour Court Johannesburg

Case number

JR 674/18

Judge

Tlhotlhalemaje

The Labour Court reviewed and set aside a CCMA award upholding dismissals over a workplace food ban, finding inadequate reasons and a blanket approach.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Labour Relations Act
• Remittal To Ccma

University of Limpopo and Others v Simon (Leave to Appeal) (4047/2022)

University of Limpopo and Others v Simon (Leave to Appeal) (4047/2022) [2024] ZALMPPHC 207 (23 December 2024)

Court

Limpopo High Court, Polokwane

Case number

4047/2022

Judge

E Mashamba

The High Court dismissed a leave-to-appeal application, holding there were no reasonable prospects of success and upholding substitution under PAJA.

• Leave To Appeal
• Substitution Of Administrative Decision
• Reasonable Prospects Of Success
• Remittal
• Exceptional Circumstances
• Leave-to-appeal

Mabule v Commission for Conciliation, Mediation and Arbitration and Others (JR1615/21)

Mabule v Commission for Conciliation, Mediation and Arbitration and Others (JR1615/21) [2024] ZALCJHB 365; [2024] 12 BLLR 1294 (LC) (13 September 2024)

Court

Labour Court Johannesburg

Case number

JR1615/21

Judge

S Maluleke

The Labour Court set aside an arbitration award after finding the commissioner failed to properly consider admitting hearsay evidence from an internal disciplinary transcript.

• Admission Of Hearsay Evidence
• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Remittal For De Novo Hearing
• Labour-law
• Ccma-review

Industrial Gas Users Association of SA v National Energy Regulator of SA and Another (032727/2024)

Industrial Gas Users Association of SA v National Energy Regulator of SA and Another (032727/2024) [2024] ZAGPPHC 643 (8 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

032727/2024

Judge

Joubert

The High Court set aside NERSA’s 2021 gas-price approval for Sasol, holding the methodology unlawful, and remitted the matter for a new decision.

• Review Of Administrative Action
• Maximum Gas Price Regulation
• Cost Plus Methodology
• Irrationality
• Remittal Of Decision
• Administrative-law