South Africa Case Law

Council of the University of South Africa v Minister of Higher Education Science and Innovation and Another (076693/2023)

Council of the University of South Africa v Minister of Higher Education Science and Innovation and Another (076693/2023) [2023] ZAGPPHC 1853 (1 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

076693/2023

Judge

Le Grange

The Court found that the Minister's publication in the Government Gazette and appointment of an administrator were in direct breach of the operative order granted by Adams J on 24 August 2023, which expressly prohibited any action pursuant to the independent assessor's report pending finalisation of the urgent and review applications. The Minister's argument that the order was a mere undertaking and not binding was rejected, as the order was made by agreement and incorporated as an order of court, thus enforceable. The Court held that the Council retained locus standi, as the purported dissol…

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• Contempt Of Court
• Joinder Of Parties
• Unlawful Administrative Action
• Status Quo Orders

eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Others (248/CAC/Jul23 CT; IR194Mar22)

eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Others (248/CAC/Jul23 CT; IR194Mar22) [2023] ZACAC 3 (28 July 2023)

Court

Competition Appeal Court

Case number

248/CAC/Jul23 CT

Judges

N. Manoim, D. Davis, V. Nkosi

The Competition Appeal Court held that section 49C(5) of the Competition Act does not limit the Tribunal to a single extension of interim relief.

• Interim Relief
• Extension Of Tribunal Orders
• Interpretation Of Statute
• Status Quo Orders
• Competition-law
• Interim-relief

Imperial Group (Pty) Ltd t/a Imperial Cargo Solutions v SATAWU and Others (J1662/14)

Imperial Group (Pty) Ltd t/a Imperial Cargo Solutions v SATAWU and Others (J1662/14) [2014] ZALCJHB 294; (2014) 35 ILJ 3162 (LC) (1 August 2014)

Court

Labour Court Johannesburg

Case number

J1662/14

Judge

A J Steenkamp

The Labour Court held that SATAWU could strike over restored trip fees after Imperial stopped paying them, and discharged the interim interdict.

• Protected Strike
• Unilateral Change Of Employment Terms
• Status Quo Orders
• Collective Agreement Interpretation
• Strike Interdicts
• Protected-strike

Goliath v Mangaung Local Municipality and Others (2786/2008)

Goliath v Mangaung Local Municipality and Others (2786/2008) [2008] ZAFSHC 117 (11 September 2008)

Court

Free State High Court, Bloemfontein

Case number

2786/2008

Judge

Molemela

The High Court's jurisdiction is ousted in all labour-related disputes for which remedies are provided under the Labour Relations Act. Both the declaratory and interim relief sought by the applicant pertain to labour matters regulated by the LRA, specifically sections 185, 186, 191, and 158(1)(a). The applicant's own papers acknowledge that the dispute is labour-related and that proper procedures under the LRA must be followed. The distinction between unfairness and illegality is immaterial, as the LRA regulates both unfair and unlawful termination of employment contracts. The applicant is no…

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• Jurisdiction Of High Court
• Interim Interdict
• Exclusive Jurisdiction Of Labour Court
• Unfair Dismissal
• Status Quo Orders

United Democratic Movement v President of the Republic of South Africa and Others (African Christian Democratic Party and Others Intervening; Institute for Democracy in South Africa and Another as Amici Curiae) (No 1) (CCT23/02)

United Democratic Movement v President of the Republic of South Africa and Others (African Christian Democratic Party and Others Intervening; Institute for Democracy in South Africa and Another as Amici Curiae) (No 1) (CCT23/02) [2002] ZACC 33; 2003 (1) SA 488 (CC); 2002 (11) BCLR 1213 (CC) (4 October 2002)

Court

Constitutional Court

Case number

CCT 23/02

Judges

Chaskalson, Langa, Kriegler, Madala, Mokgoro, Ngcobo, O'Regan, Sachs, Yacoob

The Constitutional Court granted leave to appeal and interim relief preserving the status quo while a constitutional challenge to floor-crossing legislation proceeded.

• Separation Of Powers
• Interim Relief
• Direct Access
• Floor Crossing
• Status Quo Orders
• Floor-crossing

Magano v MEC for Education Gauteng Province (J3642/00)

Magano v MEC for Education Gauteng Province (J3642/00) [2001] ZALC 109 (24 July 2001)

Court

Labour Court

Case number

J3642/00

Judge

Pillay

The Labour Court dismissed several interlocutory applications, refused joinder of the Education Labour Relations Council, and granted the respondent’s strike-out application with costs.

• Joinder Of Parties
• Delictual Damages
• Expert Witnesses
• Status Quo Orders
• Strike Out Applications
• Interlocutory-applications

Fordham v OK Bazaars (1929) Ltd (J1374/97)

Fordham v OK Bazaars (1929) Ltd (J1374/97) [1997] ZALC 13 (9 December 1997)

Court

Labour Court

Case number

J1374/97

Judge

Revelas

Labour Court refused to vary an order compelling consultation before retrenchment, holding that reinstatement and status quo relief were not competent on these papers.

• Retrenchment Consultation
• Section 189 Procedure
• Urgent Interdict
• Status Quo Orders
• Retrenchment-consultation
• Section-189-procedure