South Africa Case Law

Letsholonyane v Minister of the Department of Human Settlements and Another (J616/2023)

Letsholonyane v Minister of the Department of Human Settlements and Another (J616/2023) [2023] ZALCJHB 249; (2023) 44 ILJ 2757 (LC) (14 August 2023)

Court

Labour Court Johannesburg

Case number

J616/2023

Judge

Tlhotlhalemaje

The court found that the applicant's dismissal was unlawful, effected without compliance with her contract and the SMS Handbook, and that the Minister acted as victim, prosecutor, and executioner. The applicant demonstrated exceptional circumstances due to her age, imminent retirement, loss of income, and the unlawful conduct of the respondents. The harm she would suffer if the order was suspended would be irreparable, as any eventual reinstatement would be meaningless. The respondents failed to show they would suffer irreparable harm, as they retained the right to discipline the applicant in…

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• Unlawful Dismissal
• Reinstatement
• Sms Handbook Compliance
• Section 18 Superior Courts Act
• Urgency Requirements

Ndlanduleni v Member of the Executive Council Department of Treasury, Free State and Others (3238/2023)

Ndlanduleni v Member of the Executive Council Department of Treasury, Free State and Others (3238/2023) [2023] ZAFSHC 265 (29 June 2023)

Court

Free State High Court, Bloemfontein

Case number

3238/2023

Judge

Mhlambi

The court struck an urgent application off the roll for lack of urgency, finding the applicant had already received substantial redress and urgency was self-created.

• Urgent Interdict
• Precautionary Suspension
• Sms Handbook Compliance
• Principle Of Legality
• Urgent-interdict
• Precautionary-suspension

Matroos v Member of the Executive Council for the Department of Transport Eastern Cape Province and Others (P 106/22)

Matroos v Member of the Executive Council for the Department of Transport Eastern Cape Province and Others (P 106/22) [2022] ZALCPE 28; (2023) 44 ILJ 352 (LC) (25 October 2022)

Court

Labour Court Port Elizabeth

Case number

P 106/22

Judge

Z Lallie

The Labour Court granted an urgent interim interdict lifting a precautionary suspension, finding the indefinite suspension unlawful under the SMS Handbook.

• Precautionary Suspension
• Unfair Labour Practice
• Sms Handbook Compliance
• Urgent Interdict
• Costs Order
• Precautionary-suspension

Ngobeni v Xulu and Others (J1675/16)

Ngobeni v Xulu and Others (J1675/16) [2017] ZALCJHB 70 (3 March 2017)

Court

Labour Court Johannesburg

Case number

J1675/16

Judge

E Tlhotlhalemaje

The court found that the applicant's further suspension was unlawful and invalid, as it exceeded the permissible period under the SMS Handbook and was issued in disregard of a prior court order setting aside the initial suspension. Ms Xulu, despite clear warnings and proper service of the urgent application, ignored both the applicant's attorneys and the court's previous order. The court held that such conduct by a public official is unacceptable and warrants censure. The applicant should not bear the costs of litigation caused by Ms Xulu's unlawful actions, nor should the department, the MEC…

Source excerpt

• Precautionary Suspension
• Costs Order
• Urgent Interdict
• Sms Handbook Compliance

Road Traffic Management Corporation and Another v Moyana (J2127/10)

Road Traffic Management Corporation and Another v Moyana (J2127/10) [2011] ZALCJHB 214 (5 May 2011)

Court

Labour Court Johannesburg

Case number

J2127/10

Judge

Molahlehi

The Labour Court refused leave to appeal, holding there was no reasonable prospect of a different outcome on the lawfulness of a suspension beyond 60 days under the SMS Handbook.

• Unlawful Suspension
• Sms Handbook Compliance
• Leave To Appeal
• Urgent Application
• Leave-to-appeal
• Unlawful-suspension

Baloyi v Department of Communications and Others (J2632/09)

Baloyi v Department of Communications and Others (J2632/09) [2014] ZALCJHB 419 (17 November 2009)

Court

Labour Court Johannesburg

Case number

J2632/09

Judge

Molahlehi

The Labour Court held that Basani Baloyi’s suspension was unlawful because she was not given a proper chance to respond before being suspended.

• Unlawful Suspension
• Audi Alteram Partem
• Sms Handbook Compliance
• Disciplinary Policy
• Urgent Interdict
• Unlawful-suspension