Sylvania Metals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR849/22)
Sylvania Metals (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR849/22) [2025] ZALCJHB 77 (24 February 2025)
The court found that the Commissioner’s award was unsustainable on the evidence. The probabilities strongly supported a finding that Mr Mogapi solicited a bribe from Mr Maluleke, as corroborated by Mr Gomane. The Commissioner’s reliance on Mr Mogapi’s portfolio and the fact that the project was not tendered did not exclude the possibility of solicitation. The absence of any motive for the witnesses to falsely implicate Mr Mogapi and the corroboration of their evidence weighed heavily in favour of the applicant. The court held that the Commissioner’s decision fell outside the band of reasonabl…
Source excerpt
- Review Of Arbitration Award
- Substantive Fairness Of Dismissal
- Solicitation Of Bribe
- Administrative Action
- Remittal Vs Substitution