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South Africa Case Law

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Family And Children [2025] ZALMPPHC 122

L.M.P v N.J.D.P (Appeal) (HCAA33/2024)

L.M.P v N.J.D.P (Appeal) (HCAA33/2024) [2025] ZALMPPHC 122 (19 June 2025)

Appeal upheld after the High Court found the trial proceeded on an imperfect stated case and unresolved facts about whether a customary marriage existed.

  • Customary Marriage
  • Ante Nuptial Contract
  • Community Of Property
  • Stated Case Procedure
  • Customary-marriage
  • Ante-nuptial-contract
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Labour Law [2024] ZALCD 19

Khumalo v Safety and Security Sectoral Bargaining Council and Others (D638/22)

Khumalo v Safety and Security Sectoral Bargaining Council and Others (D638/22) [2024] ZALCD 19 (17 July 2024)

Review of a CCMA arbitration award granted after the commissioner wrongly treated a pre-arbitration minute as a stated case and refused to hear evidence.

  • Review Of Arbitration Award
  • Condonation
  • Unfair Dismissal
  • Natural Justice
  • Stated Case Procedure
  • Labour-law
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Civil Procedure [2023] ZAECMKHC 94

N.X obo Y.X v Eskom Holdings Limited and Another (1568/2018)

N.X obo Y.X v Eskom Holdings Limited and Another (1568/2018) [2023] ZAECMKHC 94 (29 August 2023)

The High Court found the stated case too underdeveloped to decide negligence after a child’s electrocution, and sent the liability issues to trial.

  • Negligence
  • Stated Case Procedure
  • Liability For Electrical Injury
  • Duty Of Care
  • Independent Contractor Liability
  • Civil-procedure
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Delict [2022] ZASCA 42

Minister of Police v Mzingeli and Others (115/2021)

Minister of Police v Mzingeli and Others (115/2021) [2022] ZASCA 42 (5 April 2022)

The Supreme Court of Appeal held that quantum of unliquidated damages could not be determined on an inadequately formulated stated case without oral evidence.

  • Quantum Of Damages
  • Unlawful Arrest And Detention
  • Malicious Prosecution
  • Stated Case Procedure
  • Rule 33 Uniform Rules
  • Stated-case-procedure
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Labour Law [2016] ZALAC 23

Public Servants Association and Others v Minister of Correctional Service and Others (JR2363/2011, JA52/2014)

Public Servants Association and Others v Minister of Correctional Service and Others (JR2363/2011, JA52/2014) [2016] ZALAC 23; [2017] 4 BLLR 371 (LAC) (26 May 2016)

The Labour Appeal Court held that the arbitrator failed to interpret the words 'new notch of the OSD' in clause 11.2 of Resolution 2 of 2009, as he did not provide a factual matrix or context for his interpretation. The arbitrator merely recited the parties' arguments and reached a conclusion without giving proper reasons or engaging with the language and context of the clause. The absence of agreed facts made the legal question abstract and prevented a reasonable decision. The court reaffirmed that adjudication of a stated case and interpretation of contracts require a factual substratum. Co…

  • Collective Agreement Interpretation
  • Arbitration Review
  • Stated Case Procedure
  • Salary Dispensation
  • Reasonableness Of Award
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.