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South Africa decisions
Decisions matching the current search
Vena v Minister of Police (EL535/2017) [2025] ZAECELLC 13 (4 June 2025)
The court declined to hear a stated case on prescription because the agreed facts were inadequately stated, and directed that the matter proceed to trial or an amended case.
Semono v Municipal Manager Rand West Local Municipality (Appeal) (A122/2022) [2025] ZAGPPHC 419 (30 April 2025)
The appeal was upheld because the trial court failed to conduct a proper trial in accordance with the Uniform Rules of Court. Neither party closed their case, and no evidence was led on the quantum of damages. The purported stated case did not comply with rule 33, as it lacked agreed facts, legal questions, and contentions. The trial court was not competent to dismiss the action without hearing full evidence. The appeal court, lacking a complete record and proper evidence, could not determine the merits or quantum and was compelled to remit the matter to the trial court for a proper hearing.…
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Department of Justice and Constitutional Development v Mthethwa and Others (D313/2020) [2024] ZALCD 17 (26 June 2024)
The court found that the arbitrator's process was fundamentally flawed, as the dispute was decided without proper oral evidence or a valid stated case. The purported pre-arbitration agreement did not meet the requirements for a stated case, lacking agreed facts and legal issues. The arbitrator excluded oral evidence after hearing the third respondent's evidence-in-chief, resulting in a prejudicial situation for the applicant, who was denied the opportunity to present its case. The authorities cited require either a proper stated case or oral evidence in such disputes. The applicant's explanat…
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Mashigo v Safety and Security Sectoral Bargaining Council and Others (JR 269/2020) [2022] ZALCJHB 141; (2022) 43 ILJ 2042 (LC) (1 June 2022)
The Court found that the parties had expressly agreed that the record of the disciplinary hearing and previous arbitration proceedings, including the transcript of oral evidence, would be admitted as evidence in the arbitration de novo, and that no witnesses would be called. This agreement falls within the third scenario described in Hillside Aluminium, permitting the arbitrator to accept the entire record as evidence. The transcript contained sworn testimony and cross-examination, constituting proper evidence. The Applicant's argument that a stated case was required is unsustainable, as oral…
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Periamthambi v Jessica Gounden t/a Jessica Gounden and Associates (8590/2011) [2015] ZAKZDHC 71 (9 September 2015)
The application for leave to appeal is refused because the parties and the court are bound by the agreed facts in the stated case, and it is impermissible to introduce new facts or inferences not recorded in the stated case. The plaintiff's claim was correctly limited to R25,000.00, as the seriousness of injuries was not agreed upon and the stated case concerned quantum, not liability. There are no conflicting judgments or other compelling reasons to grant leave to appeal, and the proposed appeal does not have a reasonable prospect of success.
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South African Social Security Agency v NEHAWU obo Punzi and Others (C233/14) [2015] ZALCCT 35; (2015) 36 ILJ 2345 (LC) (30 April 2015)
The Labour Court reviewed and set aside an arbitration award decided only on papers, holding that a stated case or oral evidence was required.
Siltek Holdings (Pty) Ltd (in Liquidation) t/a Workgroup v Business Connexion Solutions (Pty) Ltd (081/08) [2008] ZASCA 136; [2009] 1 All SA 571 (SCA) (26 November 2008)
The Supreme Court of Appeal held that set-off could not operate after liquidation where the appellant’s debt was not yet payable when concursus creditorum arose.
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