South Africa Case Law

Sibanyoni v Speaker of the City of Mbombela and Others (J 828/2024)

Sibanyoni v Speaker of the City of Mbombela and Others (J 828/2024) [2024] ZALCJHB 309; (2024) 45 ILJ 2808 (LC) (19 August 2024)

Court

Labour Court Johannesburg

Case number

J 828/2024

Judge

Tlhotlhalemaje

The Labour Court found that the Council of the City of Mbombela acted unlawfully in placing the applicant on forced special leave. The applicable regulations under the Local Government: Municipal Systems Act and related disciplinary codes only permit special leave at the request of the employee, not as a unilateral measure imposed by the employer. The Council failed to follow the prescribed disciplinary procedures for precautionary suspension, and no evidence was presented of a special leave policy justifying the action. The court rejected the respondents' arguments on urgency and jurisdictio…

Source excerpt

• Municipal Employment
• Precautionary Suspension
• Special Leave
• Legality Review
• Rule Of Law

Passenger Rail Agency of South Africa v Commission For Conciliation, Mediation and Arbitration and Another (JR1852/21)

Passenger Rail Agency of South Africa v Commission For Conciliation, Mediation and Arbitration and Another (JR1852/21) [2024] ZALCJHB 540 (18 March 2024)

Court

Labour Court Johannesburg

Case number

JR1852/21

Judge

M T M Phehane

Labour Court dismissed PRASA’s review of a CCMA award on leave and medical aid, holding that the commissioner acted reasonably and committed no reviewable irregularity.

• Interpretation Of Collective Agreements
• Leave Entitlements
• Special Leave
• Compulsory Medical Aid
• Condonation
• Arbitration Review

Selepe and Another v Mohokare Local Municipality and Others (3173/2021)

Selepe and Another v Mohokare Local Municipality and Others (3173/2021) [2021] ZAFSHC 217 (25 August 2021)

Court

Free State High Court, Bloemfontein

Case number

3173/2021

Judge

C Van Zyl

The High Court found that Mohokare Local Municipality’s decision to place two senior managers on special leave was unlawful and set it aside.

• Precautionary Suspension
• Disciplinary Regulations For Senior Managers
• Jurisdiction Of High Court
• Unlawful Suspension
• Special Leave
• Urgent Interdict

Gwiba v S (117/2019)

Gwiba v S (117/2019) [2019] ZASCA 155 (27 November 2019)

Court

Supreme Court of Appeal

Case number

117/2019

Judges

Petse, Mbha, Mocumie, Koen, Gorven

The Supreme Court of Appeal held that leave to appeal should have been granted because the appellant had reasonable prospects of success.

• Leave To Appeal
• Reasonable Prospects Of Success
• Criminal Procedure Act
• Special Leave
• Appellate Jurisdiction
• Leave-to-appeal

IMATU obo Members v City of Tshwane Metropolitan Municipality (J2769/2016)

IMATU obo Members v City of Tshwane Metropolitan Municipality (J2769/2016) [2018] ZALCJHB 254 (3 May 2018)

Court

Labour Court Johannesburg

Case number

J2769/2016

Judge

Steenkamp

The Labour Court made a bargaining council variation ruling an order of court after finding the City had not complied with reinstating special festive-season leave.

• Unfair Labour Practice
• Special Leave
• Variation Of Arbitration Award
• Section 158 1 C Application
• Labour-law
• Unfair-labour-practice

Munir v Member of the Executive Council for Health Eastern Cape and Others (P77/18)

Munir v Member of the Executive Council for Health Eastern Cape and Others (P77/18) [2018] ZALCPE 12 (11 April 2018)

Court

Labour Court Port Elizabeth

Case number

P77/18

Judge

Lallie

The Labour Court struck an urgent application from the roll after finding that the applicant gave no adequate reasons for urgency or delay.

• Urgent Application
• Special Leave
• Unfair Labour Practice
• Collective Agreement
• Interdict
• Rule 8 Compliance

Nontshinga and Others v S (770/2015)

Nontshinga and Others v S (770/2015) [2016] ZASCA 76 (27 May 2016)

Court

Supreme Court of Appeal

Case number

770/2015

Judges

Leach, Saldulker, Dambuza

The Supreme Court of Appeal struck the matter from the roll for lack of jurisdiction because no leave to appeal had first been sought from the High Court.

• Leave To Appeal
• Jurisdiction Of Supreme Court Of Appeal
• Special Leave
• Superior Courts Act
• Criminal Conviction
• Unlawful Possession Of Firearm

Lewis and Another v Vexma Properties 329 CC, In Re: Vexma Properties 329 CC v Lewis and Another (A774/14)

Lewis and Another v Vexma Properties 329 CC, In Re: Vexma Properties 329 CC v Lewis and Another (A774/14) [2015] ZAGPPHC 325 (8 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

A774/14

Judges

S. Potterill, F. Kganyago

The High Court is barred from entertaining applications for leave to appeal against its own decisions delivered on appeal in terms of section 16(1)(b) of the Superior Courts Act. The correct procedure is for the applicant to seek special leave directly from the Supreme Court of Appeal. The statutory language does not distinguish between full court and full bench decisions, and the Supreme Court of Appeal has confirmed that all such applications must be made to it. The application for leave to appeal is therefore not competent before the High Court and must be struck from the roll.

Source excerpt

• Leave To Appeal
• Superior Courts Act
• Special Leave
• Jurisdiction Of High Court

Ntsoane v Thabazimbi Local Municipality (J 2585/14)

Ntsoane v Thabazimbi Local Municipality (J 2585/14) [2014] ZALCJHB 475 (2 December 2014)

Court

Labour Court Johannesburg

Case number

J 2585/14

Judge

Tlhotlhalemaje

The Labour Court struck an urgent application off the roll for lack of urgency where a municipal manager challenged special leave extended during an investigation.

• Precautionary Suspension
• Special Leave
• Municipal Manager Employment
• Urgency In Interdicts
• Local Government Regulations
• Labour-law

South African Municipal Workers Union obo Matola v Mbombela Local Municipality (J2566/14)

South African Municipal Workers Union obo Matola v Mbombela Local Municipality (J2566/14) [2014] ZALCJHB 434; (2015) 36 ILJ 1341 (LC) (10 November 2014)

Court

Labour Court Johannesburg

Case number

J2566/14

Judge

Molahlehi

The Labour Court held that placing a municipal senior manager on “special leave” without consent was really a suspension and was unlawful.

• Unfair Labour Practice
• Precautionary Suspension
• Special Leave
• Natural Justice
• Municipal Regulations
• Unlawful-suspension