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South Africa decisions
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Transport and Allied Workers Union of SA v Williams and Another (2025/085855) [2025] ZALCJHB 249 (27 June 2025)
The Labour Court dismissed an urgent application to stay execution of a CCMA arbitration award pending review, finding no prospects of success and no basis to halt enforcement.
Mphahlele v Commission for Conciliation, Mediation and Arbitration and Others (JR811/15) [2025] ZALCJHB 272 (24 June 2025)
The Labour Court held that the review had lapsed for failure to prosecute and file the record, dismissed the remittal application, and ordered costs.
SASBO Finance Union obo Steenkamp v African Bank Ltd and Others (JR1803/20) [2025] ZALCJHB 35 (30 May 2025)
The Court found that the applicant failed to establish reasonable prospects of success for leave to appeal. The alleged factual errors were not substantiated, and the Court had properly analysed the automatic renewal of the contract, noting the applicant's own concession that the contract was not automatically renewed. The grounds advanced amounted to disagreement with the Court's findings rather than demonstrating a rational basis for a different outcome. The threshold for granting leave to appeal, as set out in section 17(1) of the Superior Courts Act, was not met. Accordingly, the applicat…
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Segami v Kumba Iron Ore (Shisen Mine) and Others (JR2333/21) [2025] ZALCJHB 197 (21 May 2025)
The Labour Court condoned the late filing of a review record and reinstated the review, finding the applicant explained the delays and acted diligently.
Pekeur obo Willemse v Commission for Conciliation, Mediation and Arbitration and Others (C554/2022) [2025] ZALCCT 29 (15 May 2025)
The Labour Court held that the review application was unauthorised and therefore a nullity, striking it from the roll and reserving costs.
NAD Property Income Fund (Pty) Ltd and Another v Tivane and Others (2692/2022) [2025] ZAMPMBHC 37 (12 May 2025)
The High Court refused to uplift an interim interdict stopping a petrol filling station pending review and ordered attorney-and-client costs against the respondents.
National Union of Metalworkers of South Africa v Metal and Engineering Industries Bargaining Council and Others (Reasons) (JR 1390/20) [2025] ZALCJHB 286 (2 April 2025)
The Labour Court dismissed a revival application and ordered the applicants’ attorney to pay costs de bonis propriis for non-compliance and delay.
Mashao and Others v South African Local Government and Others (JR2234/23) [2025] ZALCJHB 134 (11 March 2025)
The Labour Court struck an application for leave to appeal from the roll because the applicant failed to comply with Rule 67 service and filing requirements.
De Gita v Commission for Conciliation, Mediation and Arbitration and Others (JR557/21) [2025] ZALCJHB 65 (18 February 2025)
The Labour Court dismissed an application for condonation for the late filing of a review of a CCMA award, finding the delay excessive and unexplained.
Pillay v National Director of Public Prosecutions and Others (14688/2021P) [2025] ZAKZPHC 6 (24 January 2025)
The court found that the late filing of the respondents’ opposing affidavit in the rule 30A application was adequately explained and condoned, as the explanation tendered was reasonable and the interests of justice required it. The rule 30A application was procedurally irregular, brought outside the prescribed period, and did not align with the remedies envisaged by the rule. The applicant’s insistence on barring the respondents and demanding condonation was not supported by the rules or the facts. The rule 35(7) application was also dismissed as the documents sought were not relevant to the…
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