South Africa Case Law

Mnisi and Others v South African Broadcasting Corporation SOCS Limited and Others (JS 126/2019)

Mnisi and Others v South African Broadcasting Corporation SOCS Limited and Others (JS 126/2019) [2023] ZALCJHB 178; [2023] 9 BLLR 950 (LC); (2023) 44 ILJ 1977 (LC) (9 June 2023)

Court

Labour Court Johannesburg

Case number

JS 126/2019

Judge

Van Niekerk

The Labour Court dismissed claims by dismissed SABC employees who alleged contractual breaches, unlawful use of medical claims data, and lack of authority to dismiss.

• Breach Of Employment Contract
• Disciplinary Code Interpretation
• Right To Hearing
• Confidential Medical Information
• Authority To Dismiss
• Specific Performance

Ndzeru v Transnet National Ports Authority and Others (C369/2020)

Ndzeru v Transnet National Ports Authority and Others (C369/2020) [2023] ZALCCT 11; [2023] 6 BLLR 565 (LC); (2023) 44 ILJ 1307 (LC) (16 March 2023)

Court

Labour Court Cape Town

Case number

C369/2020

Judge

Lagrange

The court found that the arbitrator's decision that the applicant's dismissal for incapacity was substantively and procedurally fair could not be faulted on the evidence presented. The applicant was absent for an extended period due to incarceration, with no clear indication of when he would return. He was notified of the incapacity hearing, represented by his union, and given an opportunity to make representations. The procedural fairness of the dismissal depended on the adequacy of the hearing held in absentia and whether any defects were rectified. The applicant did not actively pursue an…

Source excerpt

• Incapacity Dismissal
• Procedural Fairness
• Arbitration Review
• Employee Incarceration
• Right To Hearing

Mafungwa and Another v Walter Sisulu University and Another (1485/2018)

Mafungwa and Another v Walter Sisulu University and Another (1485/2018) [2019] ZAECMHC 70 (5 November 2019)

Court

Eastern Cape High Court, Mthatha

Case number

1485/2018

Judge

Zono

The High Court upheld the suspension of two Walter Sisulu University students, finding they had a fair opportunity to show cause and no procedural irregularity was shown.

• University Disciplinary Code
• Suspension Of Students
• Procedural Fairness
• Right To Hearing
• Student-discipline
• Procedural-fairness

Rula Tecno Park (Pty) Ltd v Mahlangu and Others (LCC66R/2015)

Rula Tecno Park (Pty) Ltd v Mahlangu and Others (LCC66R/2015) [2016] ZALCC 8 (11 April 2016)

Court

Land Claims Court

Case number

LCC66R/2015

Judge

Ngcukaitobi

The court held that Rule 35A(2) of the Land Claims Court Rules does not impose a mandatory requirement to allow submissions or oral argument in automatic review proceedings; it is a discretionary power intended to facilitate the administration of justice on a case-by-case basis. The applicant did not request an opportunity to make submissions nor demonstrate any special circumstances warranting such discretion. The court found that the applicant failed to properly terminate the right of residence for all occupiers as required by the Extension of Security of Tenure Act, and that service of the…

Source excerpt

• Extension Of Security Of Tenure Act
• Automatic Review
• Eviction Proceedings
• Right To Hearing
• Termination Of Residence
• Constitutional Property Rights