South Africa Case Law

Mzalazala v Eastern Cape Department of Arts, Sports and Culture and Another (297/2025)

Mzalazala v Eastern Cape Department of Arts, Sports and Culture and Another (297/2025) [2025] ZAECMKHC 19 (25 February 2025)

Court

Eastern Cape High Court, Makhanda

Case number

297/2025

Judge

J.M Roberson

The High Court stayed further salary deductions linked to disputed incapacity leave, pending final resolution of the labour dispute before the Bargaining Council.

• Salary Deductions
• Temporary Incapacity Leave
• Basic Conditions Of Employment Act
• Urgent Interdict
• Internal Dispute Resolution
• Salary-deductions

Holtzhausen v Grandmark International (Pty) Ltd (J817/24)

Holtzhausen v Grandmark International (Pty) Ltd (J817/24) [2024] ZALCJHB 343 (31 August 2024)

Court

Labour Court Johannesburg

Case number

J817/24

Judge

Tlhotlhalemaje

The court found that the applicant was not entitled to urgent interdictory relief as the deductions from her salary had already been effected prior to the application, rendering the relief sought moot. The employment relationship had terminated, and there was no ongoing conduct to interdict. The applicant had contractually bound herself to the deductions through her employment and ancillary agreements, and acknowledged her debts. The urgency claimed was self-created, as she delayed bringing the application despite prior notice of the deductions. The court held that the applicant failed to sat…

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• Salary Deductions
• Basic Conditions Of Employment Act
• Urgent Interdict
• Constructive Dismissal
• Lis Pendens
• Contractual Obligations

South African Municipal Workers Union v Matjhabeng Local Municipality (P115/2023)

South African Municipal Workers Union v Matjhabeng Local Municipality (P115/2023) [2024] ZALCPE 5; [2024] 7 BLLR 771 (LC) (6 February 2024)

Court

Labour Court Port Elizabeth

Case number

P115/2023

Judge

RN Daniels

The court held that section 34(1)(b) of the BCEA expressly permits deductions from employees' salaries where mandated by law, and the Systems Act is such a law. The applicant's interpretation, that consent is always required, was rejected as contrary to the statutory text. The deductions were authorized by Schedule 2, Item 10 of the Systems Act, which applies to municipal employees in arrears for more than three months. There was no conflict between the BCEA and the Systems Act, and the deductions were lawful. The applicant failed to establish a clear right or satisfy the requirements for a f…

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• Salary Deductions
• Basic Conditions Of Employment Act
• Municipal Systems Act
• Interdict
• Collective Bargaining

Mhlontlo Local Municipality and Others v Ngcangula and Another (1154/2022)

Mhlontlo Local Municipality and Others v Ngcangula and Another (1154/2022) [2024] ZASCA 5; [2024] 3 BLLR 239 (SCA); (2024) 45 ILJ 775 (SCA) (17 January 2024)

Court

Supreme Court of Appeal

Case number

1154/2022

Judges

Nicholls, Carelse, Matojane, Chetty, Tokota

The SCA held that the High Court had jurisdiction over an employment-contract claim, but the employees failed to prove entitlement to a 2.5% notch increment.

• Jurisdiction Of Civil Courts
• Breach Of Employment Contract
• Salary Deductions
• Basic Conditions Of Employment Act
• Peremption
• Mootness

Mofokeng v Free State Gambling, Liqour and Tourism Authority (540/2021)

Mofokeng v Free State Gambling, Liqour and Tourism Authority (540/2021) [2022] ZAFSHC 68 (2 February 2022)

Court

Free State High Court, Bloemfontein

Case number

540/2021

Judge

C Reinders

The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success and no compelling reason to hear the appeal.

• Leave To Appeal
• Jurisdiction
• Salary Deductions
• Leave-to-appeal
• Superior-courts-act
• Reasonable-prospect-of-success

Cakwebe v Regional Commissioner :DCS (EL 423/2019)

Cakwebe v Regional Commissioner :DCS (EL 423/2019) [2021] ZAECELLC 8 (25 March 2021)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 423/2019

Judge

A. Govindjee

The High Court ordered a public body to release the balance of PAIA records about salary deductions, rejecting the claim that the request was frivolous or vexatious.

• Promotion Of Access To Information Act
• Salary Deductions
• Emoluments Attachment Order
• Statutory Duty To Account
• Promotion-of-access-to-information-act
• Salary-deductions

Linda Cakwere v Regional Commissioner: DCS (EL 423/2019)

Linda Cakwere v Regional Commissioner: DCS (EL 423/2019) [2021] ZAECELLC 9 (25 March 2021)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 423/2019

Judge

A. Govindjee

The High Court ordered disclosure of remaining PAIA records about salary deductions, finding no valid refusal ground was established. Each party was ordered to bear its own costs.

• Promotion Of Access To Information Act
• Emoluments Attachment Order
• Salary Deductions
• Statutory Duty To Account
• Paia
• Access-to-information

South African Municipal Workers' Union and Others v Rand West City Local Municipality and Another (J2310/19)

South African Municipal Workers' Union and Others v Rand West City Local Municipality and Another (J2310/19) [2019] ZALCJHB 359 (5 December 2019)

Court

Labour Court Johannesburg

Case number

J2310/19

Judge

S Snyman

Urgent Labour Court application about salary deductions was struck from the roll for lack of urgency, with the court finding self-created delay and no exceptional hardship.

• Urgent Application Requirements
• No Work No Pay
• Salary Deductions
• Basic Conditions Of Employment Act
• Unprotected Strike Action
• Urgent-application-requirements

Mbilini v Minister of Social Development Susan Shabangu and Others (699/2018)

Mbilini v Minister of Social Development Susan Shabangu and Others (699/2018) [2019] ZAECBHC 20 (10 September 2019)

Court

Eastern Cape High Court, Bhisho

Case number

699/2018

Judge

V NQUMSE

The court found that the applicant initially complied with PAIA by submitting his request to the National Department, given the absence of the Provincial Manual. The National Department's failure to respond within the prescribed period entitled the applicant to lodge an internal appeal. However, once the request was transferred to the Provincial Department and the applicant was furnished with the relevant information, including Emoluments Attachment Orders and salary advices, the need for further pursuit of the appeal and the court application ceased. The court held that the applicant was pro…

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• Promotion Of Access To Information Act
• Internal Appeal Procedure
• Emoluments Attachment Order
• Salary Deductions
• Public Body Information Requests

Sekhute and Others v Ekhuruleni Housing Company SOC (J1862/17)

Sekhute and Others v Ekhuruleni Housing Company SOC (J1862/17) [2017] ZALCJHB 318 (5 September 2017)

Court

Labour Court Johannesburg

Case number

J1862/17

Judge

Lagrange

Urgent Labour Court application over salary deductions for alleged payroll overpayments was dismissed. The court held section 34(5) of the BCEA permitted recovery without consent.

• Salary Deductions
• Overpayment Recovery
• Remuneration Policy
• Basic Conditions Of Employment Act
• Prima Facie Right
• Unjust Enrichment