South Africa Case Law

Semono v Municipal Manager Rand West Local Municipality (Appeal) (A122/2022)

Semono v Municipal Manager Rand West Local Municipality (Appeal) (A122/2022) [2025] ZAGPPHC 419 (30 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

A122/2022

Judges

GN Moshoana, E van der Shyff, N Bam

The appeal was upheld because the trial court failed to conduct a proper trial in accordance with the Uniform Rules of Court. Neither party closed their case, and no evidence was led on the quantum of damages. The purported stated case did not comply with rule 33, as it lacked agreed facts, legal questions, and contentions. The trial court was not competent to dismiss the action without hearing full evidence. The appeal court, lacking a complete record and proper evidence, could not determine the merits or quantum and was compelled to remit the matter to the trial court for a proper hearing.…

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• Trial Procedure
• Stated Case
• Remittal Of Matter
• Negligence
• Quantum Of Damages

Platinum Wheels (Pty) Ltd v National Consumer Commission and Another (612/2023)

Platinum Wheels (Pty) Ltd v National Consumer Commission and Another (612/2023) [2024] ZASCA 163; 2025 (3) SA 459 (SCA) (29 November 2024)

Court

Supreme Court of Appeal

Case number

612/2023

Judges

Zondi, Nicholls, Mothle, Baartman, Naidoo

The Supreme Court of Appeal held that a struck-off attorney’s appearance in the High Court was a serious fraud on the administration of justice, and remitted the consumer matter for rehearing.

• Consumer Protection Act
• Right Of Appearance
• Fraud In Court Proceedings
• Remittal Of Matter
• Administrative Fine
• Implied Warranty Of Quality

Mphephu-Ramabulana Royal Family v Premier of the Limpopo Province and Others (CCT 373/22)

Mphephu-Ramabulana Royal Family v Premier of the Limpopo Province and Others (CCT 373/22) [2024] ZACC 12; 2024 (11) BCLR 1363 (CC) (21 June 2024)

Court

Constitutional Court

Case number

CCT 373/22

Judges

Zondo, Bilchitz, Chaskalson, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi

The Constitutional Court refused direct leave to appeal in a dispute over an acting Vhavenda King, finding the relief sought incompetent and bypassing lower courts unjustified.

• Traditional Leadership
• Review Of Administrative Action
• Direct Access
• Functus Officio
• Remittal Of Matter
• Traditional-leadership

Toyota Randburg (A division of Motus Group Ltd) v Ndlovu and Another (A103/2022)

Toyota Randburg (A division of Motus Group Ltd) v Ndlovu and Another (A103/2022) [2024] ZAGPPHC 591 (20 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A103/2022

Judges

MP Kumalo, Mbongwe

The court found that the motor vehicle supplied to the First Respondent was defective within the meaning of the Consumer Protection Act, as the engine seized within days of delivery and the vehicle failed to perform as reasonably expected. The Appellant did not successfully rebut the presumption of defectiveness, and the evidence did not support its claim of negligence by the First Respondent. The Tribunal was correct in finding a contravention of the CPA and granting relief. However, the Tribunal erred in ordering a full refund without evidence of the resale value or payments made, resulting…

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• Consumer Protection Act
• Defective Goods
• Implied Warranty Of Quality
• Burden Of Proof
• Remittal Of Matter
• Unjust Enrichment

Hillside Aluminium (Pty) Ltd v Mathuse and Others (D178/2014)

Hillside Aluminium (Pty) Ltd v Mathuse and Others (D178/2014) [2016] ZALCD 12; (2016) 37 ILJ 2082 (LC); [2016] 10 BLLR 1041 (LC) (24 May 2016)

Court

Labour Court Durban

Case number

D178/2014

Judge

C Prinsloo

The Labour Court found that the arbitrator committed a material irregularity by considering mitigating factors from the disciplinary record that were not properly introduced as evidence at arbitration and by failing to make a finding on whether Mathuse was guilty of gross insubordination. The arbitrator did not independently determine the appropriateness of the sanction, failed to consider all relevant circumstances as required by Sidumo, and deprived the parties of a fair hearing by not alerting them to the evidence he intended to rely on. As a result, the arbitration award was unreasonable…

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• Unfair Dismissal
• Gross Insubordination
• Arbitration Review
• Procedural Fairness
• Natural Justice
• Remittal Of Matter

Glencore Operations South Africa (Pty) Ltd (Mototolo) v GIWUSA obo Baloyi and Others (JR2448/14)

Glencore Operations South Africa (Pty) Ltd (Mototolo) v GIWUSA obo Baloyi and Others (JR2448/14) [2015] ZALCJHB 388 (3 November 2015)

Court

Labour Court Johannesburg

Case number

JR2448/14

Judge

S Baloyi

The Labour Court reviewed and set aside a CCMA award in a desertion dismissal dispute, finding the commissioner addressed the wrong issue and remitting the matter.

• Unfair Dismissal
• Review Of Arbitration Award
• Desertion Policy
• Remittal Of Matter
• Review-of-arbitration-award
• Desertion-dismissal

Cargo Motors (Pty) Ltd v Hyser NO and Others (JR1017/09)

Cargo Motors (Pty) Ltd v Hyser NO and Others (JR1017/09) [2011] ZALCJHB 267 (25 November 2011)

Court

Labour Court Johannesburg

Case number

JR1017/09

Judge

Molahlehi

The Labour Court found that the record of the arbitration proceedings before the bargaining council was defective and incomplete, making it impossible for the court to properly adjudicate the review application. In line with established precedent, the court held that the appropriate remedy in such circumstances is to remit the matter to the bargaining council for a hearing de novo. The court was satisfied that the applicant had established grounds for review and that the interests of justice required that the dispute be reconsidered afresh by the bargaining council.

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• Review Of Arbitration Award
• Remittal Of Matter
• Defective Record
• Jurisdiction Of Bargaining Council

Du Toit NO v Road Accident Fund (A590/09)

Du Toit NO v Road Accident Fund (A590/09) [2010] ZAWCHC 100 (19 May 2010)

Court

Western Cape High Court, Cape Town

Case number

A590/09

Judges

Erasmus, Fourie, Le Grange

The court found that the arbitrator's conduct in summarily dismissing the application without affording the Respondent's counsel a fair opportunity to present argument on the merits and the constitutional issue constituted a breach of the audi alteram partem rule. This amounted to a reviewable irregularity under common law. The arbitrator's failure to provide reasons at the time and the subsequent inconsistent reasoning further supported the finding of unfairness. The court held that, given the history and costs involved, justice would best be served by remitting the matter to the same arbitr…

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• Arbitration Review
• Procedural Fairness
• Audi Alteram Partem
• Remittal Of Matter

South African Fibre Yarn Rugs Limited v Commission for Conciliation Mediation and Arbitration and Others (D577/2003)

South African Fibre Yarn Rugs Limited v Commission for Conciliation Mediation and Arbitration and Others (D577/2003) [2005] ZALC 66; (2005) 26 ILJ 921 (LC); [2005] 6 BLLR 608 (LC) (20 April 2005)

Court

Labour Court

Case number

D577/2003

Judge

Murphy, AJ

Labour Court review of a CCMA award about dismissal for unauthorised absence and sanction fairness, with the award set aside and remitted for fresh consideration.

• Unfair Dismissal
• Review Of Arbitration Award
• Sanction Fairness
• Disciplinary Code
• Remittal Of Matter
• Labour-law