South Africa Case Law

Oosthuizen and Another v S (Appeal) (CA&R 248/2021 ; CA&R 45/2023)

Oosthuizen and Another v S (Appeal) (CA&R 248/2021 ; CA&R 45/2023) [2024] ZAECMKHC 101; 2024 (2) SACR 600 (ECMk) (19 September 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 248/2021 ; CA&R 45/2023

Judges

B R Tokota, N Mullins

The High Court held that the directive by the Heads of Courts, adopted in March 2017, requiring English as the language of record is binding on all courts, including Magistrates' Courts, in the absence of an executive policy to the contrary. The failure to ensure that the record is translated into English constitutes a procedural irregularity that undermines the right to a fair trial and impedes the appeal process. The responsibility for ensuring a complete and translated record rests with the appellant or their attorney, as provided by Rule 49A(4) of the Uniform Rules of Court. The court emp…

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• Court Language Policy
• Right To Interpreter
• Fair Trial Rights
• Magistrates Court Act
• Constitutional Language Rights

S v Chukwumaka and Another (CA&R 104/2024)

S v Chukwumaka and Another (CA&R 104/2024) [2024] ZAECMKHC 63 (13 June 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 104/2024

Judges

B Hartle, S Collett

High Court special review set aside irregular convictions and sentences entered after an earlier plea of not guilty, and remitted the matter for completion of the original trial.

• Double Jeopardy
• Criminal Procedure Act Section 304
• Plea And Conviction Irregularity
• Right To Interpreter
• Legal Aid Representation
• Special-review

Esyas v Magistrate Mckenzie Paarl Magistrates Court and Others (7881/24)

Esyas v Magistrate Mckenzie Paarl Magistrates Court and Others (7881/24) [2024] ZAWCHC 106 (22 April 2024)

Court

Western Cape High Court, Cape Town

Case number

7881/24

Judges

Lekhuleni, Goliath

The High Court set aside an admission of guilt fine paid by an Ethiopian applicant who did not understand English and had no interpreter. It ordered a refund, a fresh hearing before another magistrate, and an interpreter.

• Admission Of Guilt Fine
• Right To Interpreter
• Fair Trial Rights
• Immigration Detention
• Gross Irregularity
• Public Official Misconduct

Mngomezulu v Vodacom SA (PTY) Ltd and Others (C 370/2015)

Mngomezulu v Vodacom SA (PTY) Ltd and Others (C 370/2015) [2022] ZALCCT 64; (2023) 44 ILJ 1082 (LC) (28 November 2022)

Court

Labour Court Cape Town

Case number

C 370/2015

Judge

Lagrange

Labour Court review of a dismissal award failed; the court upheld findings of misconduct, rejected the interpreter complaint, and held dismissal fair.

• Unfair Dismissal
• Procedural Fairness
• Right To Interpreter
• Insubordination
• Disciplinary Procedure
• Unfair-dismissal

Mncedane v Maziya General Service and Others (JR 1115/19)

Mncedane v Maziya General Service and Others (JR 1115/19) [2020] ZALCJHB 142; (2021) 42 ILJ 150 (LC) (17 August 2020)

Court

Labour Court Johannesburg

Case number

JR 1115/19

Judge

N Coetzer

The Labour Court dismissed a review of a CCMA jurisdiction ruling, finding the applicant’s project-based fixed-term employment ended automatically and no dismissal occurred.

• Fixed Term Contracts
• Jurisdiction Of Ccma
• Section 200a Presumption
• Section 198b Project Work
• Employment Status
• Right To Interpreter

Mmola v Commission for Conciliation, Mediation and Arbitration and Others (C477/2014)

Mmola v Commission for Conciliation, Mediation and Arbitration and Others (C477/2014) [2018] ZALCCT 8; [2018] 8 BLLR 822 (LC); (2018) 39 ILJ 1793 (LC) (29 March 2018)

Court

Labour Court Cape Town

Case number

C477/2014

Judge

Rabkin-Naicker

The Labour Court found that the Commissioner made a mistake of law by considering reinstatement as a remedy despite the applicant's clear indication that he did not seek it. The Commissioner also erred in finding the dismissal procedurally fair, as the applicant was denied a Sepedi interpreter at the disciplinary hearing, which prejudiced his ability to defend himself. The Court held that both substantive and procedural unfairness were present and that the compensation awarded by the Commissioner was inadequate. The award was reviewed and set aside, and the applicant was awarded compensation…

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• Unfair Dismissal
• Procedural Fairness
• Compensation
• Right To Interpreter
• Remedies For Unfair Dismissal

National Union of Metal Workers of South Africa and Another v Wainwright NO and Others (JR1060/10)

National Union of Metal Workers of South Africa and Another v Wainwright NO and Others (JR1060/10) [2015] ZALCJHB 48; (2015) 36 ILJ 2097 (LC) (24 February 2015)

Court

Labour Court Johannesburg

Case number

JR1060/10

Judge

Venter

The court found that the commissioner committed gross irregularities and misconduct by refusing to adjourn the arbitration to allow Mhlungu's representative to arrive, failing to explain the process to an unrepresented party, and neglecting to ascertain and provide for Mhlungu's right to an interpreter. The commissioner's conduct created a hostile and intimidating environment, failed to deal with all issues before him, and demonstrated bias towards the employer. The denial of fundamental rights to representation and language assistance deprived Mhlungu of a fair hearing. The commissioner's ha…

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• Commissioner Misconduct
• Gross Irregularity
• Right To Representation
• Right To Interpreter
• Fair Hearing
• Unfair Dismissal