South Africa Case Law

Jiyane v Commission for Conciliation, Mediation and Arbitration and Others (C184/2022)

Jiyane v Commission for Conciliation, Mediation and Arbitration and Others (C184/2022) [2025] ZALCCT 48 (7 July 2025)

Court

Labour Court Cape Town

Case number

C184/2022

Judge

C de Kock

The court found that the commissioner’s conduct during the arbitration proceedings was marked by frequent interruptions, taking over of questioning, cross-examination of the applicant, and derogatory notes referring to the applicant’s evidence as 'rubbish'. This conduct deprived the applicant of a fair hearing and created a reasonable apprehension of bias. The commissioner failed to respect the roles of the parties and their representatives, and her dominance tainted the entire proceedings. The court held that, as in previous cases involving the same commissioner, such procedural irregulariti…

Source excerpt

• Unfair Labour Practice
• Arbitration Bias
• Review Of Arbitration Award
• Procedural Irregularity
• Right To Fair Hearing

P.P.M v M.M.M (22901/21)

P.P.M v M.M.M (22901/21) [2022] ZAGPPHC 420 (20 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

22901/21

Judge

WJ du Plessis

A divorce action was postponed so the defendant could consult pro bono attorneys and receive a fair public hearing before any final order was granted.

• Divorce Proceedings
• Parental Responsibilities
• Maintenance Order
• Right To Fair Hearing
• Divorce-proceedings
• Fair-hearing

Sobudula v Pretorius NO and Others (PR74/18)

Sobudula v Pretorius NO and Others (PR74/18) [2021] ZALCPE 13 (9 December 2021)

Court

Labour Court Port Elizabeth

Case number

PR74/18

Judge

Z Lallie

The Labour Court reviewed and set aside a condonation ruling after finding the arbitrator relied on an irregular answering affidavit and denied a fair hearing.

• Condonation
• Rescission Application
• Unfair Dismissal
• Right To Fair Hearing
• Arbitration Review
• Rescission

Makalela v ABSA Bank Limited (A134/2018)

Makalela v ABSA Bank Limited (A134/2018) [2020] ZAGPPHC 811 (21 July 2020)

Court

North Gauteng High Court, Pretoria

Case number

A134/2018

Judges

J W Louw, Tolmay, Hughes

Appeal against summary judgment upheld after the court held that security had been furnished and a further affidavit should have been allowed.

• Summary Judgment
• Instalment Sale Agreement
• Security For Costs
• Right To Fair Hearing
• Summary-judgment
• Instalment-sale-agreement

Glaxosmithkline Consumer Healthcare South Africa (Pty) Ltd v Colgate-Palmolive (Pty) Ltd (A2/19)

Glaxosmithkline Consumer Healthcare South Africa (Pty) Ltd v Colgate-Palmolive (Pty) Ltd (A2/19) [2019] ZAGPPHC 425 (29 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

A2/19

Judges

N Kollapen, PM Mabuse, M Munzhelele

The court found that the urgent court granted the interdict and related relief without hearing the parties on the merits, except for limited aspects traversed during the urgency argument. This constituted a serious procedural irregularity that went to the heart of a fair hearing. The interests of justice require that such an irregularity be addressed and its consequences reversed. Although the respondent argued that the matter was moot due to the likely sale of all offending stock, the court held that mootness does not constitute an absolute bar to justiciability, especially where a fair hear…

Source excerpt

• Procedural Irregularity
• Interdict
• Advertising Standards
• Mootness
• Right To Fair Hearing

Calligeris N.O. and Another v Parker N.O. and Another (7937/2017)

Calligeris N.O. and Another v Parker N.O. and Another (7937/2017) [2018] ZAWCHC 35 (22 March 2018)

Court

Western Cape High Court, Cape Town

Case number

7937/2017

Judge

Meer

High Court set aside an arbitration award for misconduct, gross irregularity, and undue delay after the award largely copied one party’s heads of argument.

• Arbitration Award Review
• Misconduct Of Arbitrator
• Gross Irregularity
• Delay In Award
• Sectional Titles Act
• Right To Fair Hearing

Ramadwa v Kokodi (A443/2016)

Ramadwa v Kokodi (A443/2016) [2018] ZAGPPHC 714 (15 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

A443/2016

Judges

Maumela, Kubushi

The High Court set aside an eviction order made under the Protection from Harassment Act, holding that the appellant was denied a fair hearing and that eviction required the correct statutory process.

• Protection From Harassment Act
• Right To Fair Hearing
• Eviction Procedure
• Prevention Of Illegal Eviction Act
• Audi Alteram Partem
• Judicial Misdirection

Kungwini Estate (Pty) Ltd and Another v Kungwini Manor Homeowners' Association NPC (A162/2016, 67684/2015)

Kungwini Estate (Pty) Ltd and Another v Kungwini Manor Homeowners' Association NPC (A162/2016, 67684/2015) [2017] ZAGPPHC 374 (9 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

A162/2016, 67684/2015

Judges

Neukircher, Murphy, Crutchfield

The High Court set aside a contempt order after finding the appellants were denied a fair hearing and an opportunity to obtain legal representation.

• Right To Fair Hearing
• Legal Representation In Civil Proceedings
• Contempt Of Court
• Urgent Application
• Remittal For Proper Ventilation
• Contempt-of-court

Francis Baard District Municipality v Rex N.O. and Others (JR1000/2011, JA29/2015)

Francis Baard District Municipality v Rex N.O. and Others (JR1000/2011, JA29/2015) [2016] ZALAC 33; [2016] 10 BLLR 1009 (LAC); (2016) 37 ILJ 2560 (LAC) (28 June 2016)

Court

Labour Appeal Court

Case number

JR1000/2011, JA29/2015

Judges

C J Musi, Davis, Murphy

The Labour Appeal Court held that the missing parts of the arbitration record were material to the grounds of review, which challenged the factual findings of the commissioner. The appellant failed to take all reasonable steps to reconstruct the record, including not approaching the arbitrator or other parties for assistance. The court found that without the missing evidence, it was impossible to fairly adjudicate the review application. The Labour Court exercised its discretion judiciously in dismissing the application, prioritizing the employee's right to speedy dispute resolution over the…

Source excerpt

• Review Of Arbitration Award
• Incomplete Record
• Reconstruction Of Evidence
• Right To Fair Hearing
• Dismissal Of Review Application

Francis Baard District Municipality v Rex N.O (JA29/2015,JR1000/2011)

Francis Baard District Municipality v Rex N.O (JA29/2015,JR1000/2011) [2016] ZALAC 81 (28 June 2016)

Court

Labour Appeal Court

Case number

JA29/2015,JR1000/2011

Judges

C J Musi, Davis, Murphy

The Labour Appeal Court held that an incomplete arbitration record was material and that the appellant failed to take reasonable steps to reconstruct it.

• Review Of Arbitration Award
• Incomplete Record
• Reconstruction Of Record
• Right To Fair Hearing
• Dismissal Of Review Application
• Labour-law