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South Africa decisions
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Ngqushwa Local Municipality v SAMWU obo Mangesi and Others (2025/071747) [2025] ZALCPE 14 (29 July 2025)
The Labour Court granted Ngqushwa Local Municipality urgent relief staying enforcement of an arbitration award and accepted reduced security pending review.
Kempston Employment Solutions v Commission For Conciliation, Mediation and Arbitration and Others (2025/057504) [2025] ZALCPE 13 (29 July 2025)
The court held that the applicant failed to comply with the clear statutory requirements of section 145(7) and (8) of the LRA, which mandate the furnishing of security to suspend the operation of an arbitration award pending review. The applicant did not provide any substantive or justifiable reason for its failure to furnish security, nor did it seek an exemption from the Labour Court in a timely manner. The urgency of the application was self-created due to the applicant's delay and non-compliance. The court found that the application to stay enforcement was without merit and constituted an…
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Acting Sheriff of High Court Magistrate Court, Mthatha v Benzi and Others (2025/115944) [2025] ZALCPE 11 (29 July 2025)
The Labour Court held that a second urgent application to stay enforcement of the same arbitration award was res judicata and dismissed it with attorney-and-client costs.
Govender v Kwazulu Natal Office of Premier (D 601/2023) [2025] ZALCD 7; (2025) 46 ILJ 1720 (LC) (20 February 2025)
The court found that Govender's conduct did not amount to vexatious litigation. His applications were legitimate attempts to enforce an arbitration award and secure compliance with court orders, particularly in light of the respondent's failure to finalize the security issue and their delay in proceedings. The respondent's application to declare Govender a vexatious litigant was brought in bad faith, as there was no evidence of persistent, unreasonable litigation. The contempt application was dismissed because the respondent had filed for leave to appeal and had complied with procedural requi…
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Pexmart CC v Commission for Conciliation, Mediation and Arbitration and Others (2025/013668; 2025/013679) [2025] ZALCJHB 67 (13 February 2025)
The Labour Court struck urgent applications to stay enforcement of arbitration awards pending review, finding the urgency was self-created and costs should follow no order.
Africabin Building Systems (Pty) Ltd v Mogaladi and Others (J822/24) [2024] ZALCJHB 345; (2024) 45 ILJ 2727 (LC) (6 September 2024)
Labour Court held an employer seeking review of a reinstatement award had to furnish security under section 145(7) and (8) of the LRA, and ordered R408,000 security.
Emfuleni Local Municipality v Namane and Others (J 462/2024) [2024] ZALCJHB 234 (18 June 2024)
The Labour Court stayed execution of a CCMA award pending review, but only on conditions: attached municipal assets served as security and punitive costs were ordered.
Italsafaris CC t/a Viva Safaris v NUFBWSAW obo Members and Others (JA74/2023) [2024] ZALAC 28; (2024) 45 ILJ 2004 (LAC); [2024] 11 BLLR 1101 (LAC) (31 May 2024)
Section 145(3) of the Labour Relations Act does not operate independently from sections 145(7) and (8). The statutory scheme requires that, in review proceedings, the default position is the furnishing of security as prescribed in section 145(8), unless the Labour Court exercises its discretion to absolve or reduce the security requirement based on cogent evidence. The appellant failed to provide sufficient evidence to justify exemption from security or to demonstrate financial incapacity. The Labour Court's construction, in line with the Labour Appeal Court's binding authority in City of Joh…
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VKN Enterprises v Lekalakala and Others (J363/2024) [2024] ZALCJHB 212 (12 May 2024)
The Labour Court dismissed an urgent application to stay execution of a CCMA award, finding the urgency self-created and the matter lis pendens.
Hudaco Trading (Pty) Ltd t/a Ambro Steel and Others v Ramothwala (JA18/2023) [2024] ZALAC 24; (2024) 45 ILJ 1987 (LAC) (26 April 2024)
The Labour Appeal Court held that the institution of review proceedings, even if defective or filed out of time, interrupts the running of prescription in respect of an arbitration award until those proceedings are finalized. The court rejected Hudaco's argument that a late review application without condonation is void ab initio and incapable of interrupting prescription. The court found that prescription could not run while review and appeal processes were pending, and the award remained enforceable. The court also clarified that interest payable is that prescribed for judgment debts, not t…
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