South Africa Case Law

Sylvania Metals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR849/22)

Sylvania Metals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR849/22) [2025] ZALCJHB 77 (24 February 2025)

Court

Labour Court Johannesburg

Case number

JR849/22

Judge

R. Itzkin

The court found that the Commissioner’s award was unsustainable on the evidence. The probabilities strongly supported a finding that Mr Mogapi solicited a bribe from Mr Maluleke, as corroborated by Mr Gomane. The Commissioner’s reliance on Mr Mogapi’s portfolio and the fact that the project was not tendered did not exclude the possibility of solicitation. The absence of any motive for the witnesses to falsely implicate Mr Mogapi and the corroboration of their evidence weighed heavily in favour of the applicant. The court held that the Commissioner’s decision fell outside the band of reasonabl…

Source excerpt

• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Solicitation Of Bribe
• Administrative Action
• Remittal Vs Substitution

Putco (Pty) Ltd v SA Road Passenger Bargaining Council and Others (JR1969-18)

Putco (Pty) Ltd v SA Road Passenger Bargaining Council and Others (JR1969-18) [2019] ZALCJHB 137; (2019) 40 ILJ 2389 (LC) (11 April 2019)

Court

Labour Court Johannesburg

Case number

JR1969-18

Judge

Van Niekerk

The Labour Court has jurisdiction to review decisions of exemption and exemption appeal authorities under s 158(1)(g) of the LRA, applying the Sidumo reasonableness test. Both the exemption and appeal authorities failed to provide substantive reasons for their decisions, did not interrogate the evidence properly, and did not address the core issue of affordability. The absence of reasoned decisions constitutes a material irregularity and renders the outcomes unreasonable. Given the comprehensive evidence before the court, the applicant's justified lack of faith in the exemption authorities, a…

Source excerpt

• Collective Agreement Exemption
• Reasonableness Review
• Failure To Provide Reasons
• Affordability
• Remittal Vs Substitution

Kalisa v Chairperson of the Refugee Appeal Board and Others (17413/2017)

Kalisa v Chairperson of the Refugee Appeal Board and Others (17413/2017) [2018] ZAWCHC 156; 2020 (4) SA 256 (WCC) (19 November 2018)

Court

Western Cape High Court, Cape Town

Case number

17413/2017

Judge

Binns-Ward

The court found that the Refugee Appeal Board was not properly constituted when it dismissed the applicant's appeal, as only one member sat, contrary to the requirements of the Refugees Act and binding precedent. The Board's decision was further flawed as it failed to consider the merits of the appeal, dismissing it solely due to non-appearance, which is impermissible under the Act. While the applicant's case was exceptional due to administrative delays and prejudice, the court held that it was not in as good a position as the responsible authorities to determine his eligibility for refugee s…

Source excerpt

• Promotion Of Administrative Justice Act
• Refugees Act
• Judicial Review
• Remittal Vs Substitution
• Quorum Of Administrative Board

Xhobani Security Catering And Distribution Agency CC v Amathole District Municipality and Another (896/2014)

Xhobani Security Catering And Distribution Agency CC v Amathole District Municipality and Another (896/2014) [2014] ZAECGHC 80 (9 September 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

896/2014

Judge

Plasket

The court dismissed an application to compel production of a review record where the applicant could not be awarded the tender in any event.

• Tender Review
• Rule 53 Record
• Remittal Vs Substitution
• Exceptional Circumstances
• Promotion Of Administrative Justice Act
• Rule-53-record

Vodacom (Pty) Ltd and Another v Nelson Mandela Bay Municipality and Others (137/10)

Vodacom (Pty) Ltd and Another v Nelson Mandela Bay Municipality and Others (137/10) [2010] ZAECPEHC 34; 2012 (3) SA 240 (ECP) (17 June 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

137/10

Judge

Grogan

The court set aside a municipal tender award to MTN and remitted the matter for reconsideration under strict fairness conditions, rejecting automatic award to Vodacom.

• Tender Review
• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Remittal Vs Substitution
• Municipal Supply Chain Policy
• Procedural Fairness