South Africa Case Law

Khanya Cleaning Group (Pty) Ltd v South African Transport & Allied Workers Union and Others (PR32/2023)

Khanya Cleaning Group (Pty) Ltd v South African Transport & Allied Workers Union and Others (PR32/2023) [2024] ZALCPE 39; (2025) 46 ILJ 363 (LC) (2 October 2024)

Court

Labour Court Port Elizabeth

Case number

PR32/2023

Judge

Smith

The court found that the Commissioner committed a material error of law and misconstrued the nature of section 41(4) of the BCEA and relevant case law. The evidence established that the applicant actively assisted the affected employees in securing alternative employment with Supercare, arranging interviews, sharing contact details, and facilitating the process. The Commissioner incorrectly elevated the absence of a formal agreement between the applicant and Supercare to a decisive factor, disregarding the collaborative efforts and urgency shown by the applicant. The onus of proof for entitle…

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• Severance Pay
• Operational Requirements Dismissal
• Onus Of Proof
• Notice Pay
• Review Of Arbitral Award
• Alternative Employment Arrangement

Municipal Employees Pension Fund v Adamax Property Projects Menlyn (Pty) Ltd (2023/113014, 2024/022755, 2023/089092)

Municipal Employees Pension Fund v Adamax Property Projects Menlyn (Pty) Ltd (2023/113014, 2024/022755, 2023/089092) [2024] ZAGPJHC 851 (28 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/113014, 2024/022755, 2023/089092

Judge

Wepener

The High Court dismissed the Pension Fund’s review applications and upheld Adamax’s counter-application to make an arbitral award an order of court.

• Arbitration Act 42 Of 1965
• Review Of Arbitral Award
• Co Ownership Agreement
• Declaratory Relief
• Lis Pendens
• Admissibility Of Evidence

Famous Brands Management Company (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration (PR270/22)

Famous Brands Management Company (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration (PR270/22) [2024] ZALCPE 37 (27 August 2024)

Court

Labour Court Port Elizabeth

Case number

PR270/22

Judge

D A Smith

The Labour Court set aside a CCMA award that had found a dismissal for missing sugar unfair, holding the commissioner ignored key evidence and reasoned speculatively.

• Unfair Dismissal
• Misappropriation Of Stock
• Onus Of Proof
• Review Of Arbitral Award
• Substantive Fairness
• Unfair-dismissal

Shoprite Checkers (Pty) Ltd v Makaloi and Others (PR98/23)

Shoprite Checkers (Pty) Ltd v Makaloi and Others (PR98/23) [2024] ZALCPE 36; [2024] 12 BLLR 1312 (LC) (26 August 2024)

Court

Labour Court Port Elizabeth

Case number

PR98/23

Judge

D. A. Smith

The court found that the Commissioner’s decision was reasonable and supported by the evidence. There was no direct or circumstantial evidence proving that the employee consumed company stock or that the sugar used was from the company’s cannister. The video footage did not show the source of the sugar or the act of consumption. The applicant failed to discharge the onus of proof required to justify the dismissal. Additionally, the review application was brought outside the statutory six-week period, and no substantive application for condonation was made. On both substantive and procedural gr…

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• Unfair Dismissal
• Review Of Arbitral Award
• Procedural Fairness
• Substantive Fairness
• Onus Of Proof

Thames FC v South African Football Association National and Others (2024/076233)

Thames FC v South African Football Association National and Others (2024/076233) [2024] ZAGPJHC 801 (23 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/076233

Judge

G S Myburgh

The High Court dismissed Thames FC’s PAJA review of a SAFA arbitration award about player eligibility and registration, with costs.

• Promotion Of Administrative Justice Act
• Sports Arbitration
• Disciplinary Proceedings
• Review Of Arbitral Award
• Administrative-law
• Sports-law

Education Labour Relations Council v Department Education: Gauteng and Others (JA72/2022)

Education Labour Relations Council v Department Education: Gauteng and Others (JA72/2022) [2024] ZALAC 27; [2024] 9 BLLR 912 (LAC); (2024) 45 ILJ 2511 (LAC) (12 June 2024)

Court

Labour Appeal Court

Case number

JA72/2022

Judges

Musi, Sutherland, Davis

The Labour Appeal Court held that the ELRC had jurisdiction to arbitrate a promotion dispute involving an educator and the Gauteng education department.

• Unfair Labour Practice
• Promotion Dispute
• Jurisdiction Of Bargaining Council
• Review Of Arbitral Award
• Administrative Action
• Collective Agreement

Elsys (Pty) Ltd t/a Electrosystems v BTS Electrical and Mechanical Services (Pty) Ltd (In Liquidation) and Another (21/59086)

Elsys (Pty) Ltd t/a Electrosystems v BTS Electrical and Mechanical Services (Pty) Ltd (In Liquidation) and Another (21/59086) [2023] ZAGPJHC 624 (5 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21/59086

Judge

Strijdom

The High Court dismissed a review of an arbitral award, holding that the applicant failed to prove misconduct, gross irregularity, or excess of powers.

• Arbitration Act 1965
• Review Of Arbitral Award
• Gross Irregularity
• Misconduct Of Arbitrator
• Pleadings And Evidence
• Arbitration-review

Builda Construction Cape Proprietary Limited v Verveen and Another

Builda Construction Cape Proprietary Limited v Verveen and Another [2023] ZAGPPHC 178; 018498/13 (22 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

018498/13

Judge

Kooverjie

The court found that the applicant had consistently disputed the jurisdiction of the arbitrator and the existence of a valid arbitration agreement. The urgency was justified by the imminent continuation of arbitration proceedings and the applicant's ongoing efforts to secure a stay. The court exercised its discretion to stay the arbitration, finding that the applicant would suffer irreparable harm and prejudice if compelled to arbitrate before the review was finalized. The arbitrator's discretion to proceed under Article 24(3) was not absolute and must be balanced against the prejudice to the…

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• Stay Of Arbitration
• Jurisdiction Of Arbitrator
• Arbitration Agreement
• Review Of Arbitral Award

Insurance Underwriting Managers (Pty) Ltd and Another v Blue Crest Holdings (Pty) Ltd and Others (54327/2021; 38025/2021; 04842/2022)

Insurance Underwriting Managers (Pty) Ltd and Another v Blue Crest Holdings (Pty) Ltd and Others (54327/2021; 38025/2021; 04842/2022) [2023] ZAGPJHC 45 (26 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

54327/2021; 38025/2021; 04842/2022

Judge

Mudau

The High Court dismissed consolidated applications challenging arbitration agreements and alleging procedural irregularity, finding no review basis under section 33 of the Arbitration Act.

• Arbitration Act 42 Of 1965
• Review Of Arbitral Award
• Gross Irregularity
• Misconduct Of Arbitrator
• Setting Aside Arbitration
• Uniform Rules Of Court

Matemeku Petroleum (PTY) Ltd v Shell Downstream SA (PTY) Ltd and Another In re: Shell Downstream SA (PTY) Ltd and Another v Matemeku Petroleum (PTY) Ltd (22196/2019)

Matemeku Petroleum (PTY) Ltd v Shell Downstream SA (PTY) Ltd and Another In re: Shell Downstream SA (PTY) Ltd and Another v Matemeku Petroleum (PTY) Ltd (22196/2019) [2022] ZAGPJHC 503 (2 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

22196/2019

Judge

Mahalelo

The High Court ordered security for costs in a review application, finding the respondent impecunious and the challenge to an arbitral award delayed and lacking merit.

• Security For Costs
• Vexatious Litigation
• Review Of Arbitral Award
• Stay Of Proceedings
• Security-for-costs
• Vexatious-litigation