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K Seven Investments CC v Anchorprops 162 (Pty) Ltd and Others (1783/2022) [2024] ZAWCHC 293 (8 October 2024)
The High Court dismissed K Seven Investments CC’s claim for a fee, holding it acted as an estate agent without the required fidelity fund certificate.
Mamasedi v Chief of South African Defence Force and Others (CCT 359/22) [2024] ZACC 17; 2024 (11) BCLR 1345 (CC); (2024) 45 ILJ 2475 (CC); [2024] 12 BLLR 1207 (CC); 2025 (2) SA 354 (CC) (21 August 2024)
The Constitutional Court held that the reference to 30 days in section 59(3) of the Defence Act is a reference only to days on which a member of the Regular Force is obliged to be on official duty. Weekends and public holidays are excluded from the calculation if the member is not required to work on those days. The Court found that the applicant's absence did not exceed 30 working days, and therefore section 59(3) was not triggered. The applicant was not lawfully dismissed or discharged and remained a member of the Regular Force throughout. The respondents' conduct in treating the applicant…
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Van Wyk v Khewija Engineering and Construction (J 859/2022) [2022] ZALCJHB 238 (23 August 2022)
The Labour Court granted urgent relief ordering an employer to pay a serving employee’s outstanding salary for May to July 2022 and costs.
Kuhlmann v City of Joburg Property Company (SOC) Ltd and Another (J235/20) [2020] ZALCJHB 97 (26 June 2020)
The Labour Court granted leave to appeal against an order requiring the employer to resume paying the applicant’s salary pending resolution of an urgent employment dispute.
Mahlangu and Another v Minister of Defence and Military Veterans and Another (54573/18) [2019] ZAGPPHC 418 (5 September 2019)
The High Court dismissed an application for declaratory relief over Reserve Force wages, holding that remuneration was only due for actual call-up service.
Maile v Department of Correctional Services (JS33/13) [2018] ZALCJHB 100 (6 March 2018)
The Labour Court dismissed an application for leave to appeal after finding it was filed late without condonation and, in any event, had no reasonable prospects of success.
Maile v Department of Correctional Services (JS33/13) [2017] ZALCJHB 106 (24 March 2017)
The court held that the applicant's employment relationship was suspended upon his incarceration, and he could not be classified as an employee during that period. The appeal process could not be completed due to intervening circumstances, and the respondent was not obliged to convene appeal proceedings at the correctional facility. The applicant's reliance on clause 7.16.2.1 was misplaced, as the definitions in the relevant statutes require the ability to render services and receive remuneration, which was not possible during imprisonment. The claim for remuneration was therefore without mer…
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Haig Farming (Pty) Ltd v E.G Elliot Estate CC (14175/2013) [2015] ZAKZPHC 47 (2 October 2015)
The Court found that the Plaintiff, Haig Farming (Pty) Ltd, contracted with the Defendant to provide consultancy services, not estate agency services. The evidence showed that the Plaintiff was paid consultancy fees for previous deals, with invoices reflecting VAT and payments made to the company, not to Mr Haigh personally. There was no evidence that Mr Haigh was employed by the Defendant or acted as an estate agent under the statutory definition. The consultancy services rendered were ancillary to the sale agreements and did not constitute acts requiring a Fidelity Fund Certificate. The Def…
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Kitsopoulos v Cherangani Trade & Invest 113 (Pty) Ltd (60/2010) [2011] ZAFSHC 127 (25 August 2011)
The court found the plaintiff was entitled to a 70/30 commission split on a commercial property sale and ordered the defendant to pay the balance plus interest and costs.
HOSPERSA and Another v MEC for Health, Gauteng Provincial Government (J542/2008) [2008] ZALCJHB 87 (22 April 2008)
The Labour Court ordered payment of Dr Kaplan’s salary after finding the employer had not lawfully finalised her transfer or heard her before stopping pay.
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