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South Africa decisions
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Ngqushwa Local Municipality v SAMWU obo Mangesi and Others (2025/071747) [2025] ZALCPE 14 (29 July 2025)
The Labour Court granted Ngqushwa Local Municipality urgent relief staying enforcement of an arbitration award and accepted reduced security pending review.
Kempston Employment Solutions v Commission For Conciliation, Mediation and Arbitration and Others (2025/057504) [2025] ZALCPE 13 (29 July 2025)
The court held that the applicant failed to comply with the clear statutory requirements of section 145(7) and (8) of the LRA, which mandate the furnishing of security to suspend the operation of an arbitration award pending review. The applicant did not provide any substantive or justifiable reason for its failure to furnish security, nor did it seek an exemption from the Labour Court in a timely manner. The urgency of the application was self-created due to the applicant's delay and non-compliance. The court found that the application to stay enforcement was without merit and constituted an…
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Acting Sheriff of High Court Magistrate Court, Mthatha v Benzi and Others (2025/115944) [2025] ZALCPE 11 (29 July 2025)
The Labour Court held that a second urgent application to stay enforcement of the same arbitration award was res judicata and dismissed it with attorney-and-client costs.
Pexmart CC v Commission for Conciliation, Mediation and Arbitration and Others (2025/013668; 2025/013679) [2025] ZALCJHB 67 (13 February 2025)
The Labour Court struck urgent applications to stay enforcement of arbitration awards pending review, finding the urgency was self-created and costs should follow no order.
Member of Executive Council Department of Education, KZN and Others v Zwane and Others (D24/25) [2025] ZALCD 4 (31 January 2025)
The court found that the applicants failed to make out a proper case for the stay of enforcement of the arbitration award or for exemption from furnishing security. The applicants provided no substantive explanation of the alleged severe prejudice or any specific averments regarding exemption under the PFMA. The Labour Appeal Court has made it clear that government departments are not automatically exempted from furnishing security and must show good cause. The applicants also failed to demonstrate urgency or seriousness in prosecuting the review application, which was filed out of time and a…
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Choeu v Department of Justice and Constitutional Development Limpopo and Others (JA124/2023) [2024] ZALAC 67; [2025] 4 BLLR 419 (LAC) (24 December 2024)
The Labour Appeal Court set aside an order barring an advocate from charging fees after finding the Labour Court made adverse findings without hearing her.
Minister of Police v Everton and Others (PR88-22) [2024] ZALCPE 49 (3 December 2024)
The Court found that the applicant had satisfied the requirements for interim relief. The security bond filed by the State Attorney was sufficient to trigger the automatic stay of the arbitration award under section 145(7) and (8) of the Labour Relations Act. The review application was still pending and had not lapsed or been archived according to the Practice Manual, as all necessary pleadings were filed within the prescribed periods and Solidarity had tacitly consented to extensions. The urgency was justified due to the imminent removal of SAPS vehicles, which would cause irreparable harm t…
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Department of Health Kwa Zulu-Natal v Public Health and Social Development Sectoral Bargaining Council and Others (D447/24) [2024] ZALCD 44 (29 October 2024)
The court found that the security instrument provided by the applicant did not constitute proper security as contemplated by section 145(7) and (8) of the Labour Relations Act and relevant case law. The instrument was, at best, an acknowledgement of debt and did not protect the third respondent's interests should the review and any appeal fail. The court held that state entities are not automatically excused from providing security and must comply with statutory requirements. However, the court exercised its discretion to grant a short stay of enforcement, conditional upon the applicant provi…
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Africabin Building Systems (Pty) Ltd v Mogaladi and Others (J822/24) [2024] ZALCJHB 345; (2024) 45 ILJ 2727 (LC) (6 September 2024)
Labour Court held an employer seeking review of a reinstatement award had to furnish security under section 145(7) and (8) of the LRA, and ordered R408,000 security.
Raubenheimer v Commission For Conciliation Mediation and Arbitration and Others (J424/24) [2024] ZALCJHB 340 (21 August 2024)
The court held that a reinstatement application to revive a withdrawn review does not suspend the enforcement of a certified arbitration award under the LRA. Only the posting of security or a properly prosecuted stay application can suspend enforcement. The respondents failed to provide any justifiable reason for non-compliance with the award, and their reliance on the pending reinstatement application was not recognized by the LRA as a valid basis to oppose contempt proceedings. The applicant proved the existence of the order and the respondents' knowledge thereof. In the absence of bona fid…
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