South Africa Case Law

SSC Infrasek (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C214/2019)

SSC Infrasek (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C214/2019) [2021] ZALCCT 53; (2021) 42 ILJ 2473 (LC) (13 August 2021)

Court

Labour Court Cape Town

Case number

C214/2019

Judge

Lagrange

Labour Court review of a CCMA award in a dishonesty dismissal case, holding that remorse and admission of guilt can justify different sanctions.

• Dismissal For Dishonesty
• Inconsistency In Sanction
• Remorse As Mitigation
• Substantive Fairness
• Ccma Guidelines On Misconduct
• Dismissal-for-dishonesty

Mcoteli v S (89/2010)

Mcoteli v S (89/2010) [2013] ZAECMHC 1 (17 January 2013)

Court

Eastern Cape High Court, Mthatha

Case number

89/2010

Judges

LP Pakade, D Van Zyl, M Notununu

The appellate court found that the trial judge's conduct during sentencing, including persistent cross-examination and angry, censorious pronouncements, constituted a misdirection of sufficient magnitude to vitiate the sentence imposed. The judge failed to properly consider mitigating factors such as the appellant's youth, status as a first offender, provocation, and remorse. The court held that substantial and compelling circumstances existed to justify a departure from the prescribed minimum sentence of life imprisonment. The appellant's cooperation, guilty plea, and assistance to the decea…

Source excerpt

• Sentencing Principles
• Substantial And Compelling Circumstances
• Minimum Sentences Legislation
• Remorse As Mitigation
• Misdirection On Sentence