L.M.P v N.J.D.P (Appeal) (HCAA33/2024) [2025] ZALMPPHC 122 (19 June 2025)
Court
Limpopo High Court, Polokwane
Case number
HCAA33/2024
Judges
Mangena, Kganyago, Ngobeni
Appeal upheld after the High Court found the trial proceeded on an imperfect stated case and unresolved facts about whether a customary marriage existed.
Khumalo v Safety and Security Sectoral Bargaining Council and Others (D638/22) [2024] ZALCD 19 (17 July 2024)
Court
Labour Court Durban
Case number
D638/22
Judge
T Govender
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.
Minister of Police v Mzingeli and Others (115/2021) [2022] ZASCA 42 (5 April 2022)
Court
Supreme Court of Appeal
Case number
115/2021
Judges
Petse, Van der Merwe, Hughes, Tsoka, Makaula
The Supreme Court of Appeal held that quantum of unliquidated damages could not be determined on an inadequately formulated stated case without oral evidence.
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)
Court
Labour Appeal Court
Case number
JR2363/2011, JA52/2014
Judges
Musi JA, Sutherland JA, Murphy AJA
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…