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South Africa Case Law

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Labour Law [2025] ZALCD 3

SA Container Depots (Pty) Ltd t/a Bidvest SACD v Sheriff: Durban Coastal and Others (D16/2025)

SA Container Depots (Pty) Ltd t/a Bidvest SACD v Sheriff: Durban Coastal and Others (D16/2025) [2025] ZALCD 3; (2025) 46 ILJ 1263 (LC) (28 January 2025)

The court found that the strike action undertaken by the third to further respondents was procedurally and substantively compliant with the Labour Relations Act and did not offend any of its limitations. The acts of violence, while serious and temporally linked to the strike, did not constitute a basis in law for declaring the strike unprotected, as the LRA does not provide for such a limitation. Furthermore, the applicant failed to establish a causal connection between the violent acts and any of the respondents or their members. The court held that, absent such a link, interdictory relief c…

  • Protected Strike
  • Strike Related Violence
  • Picketing Rules
  • Interdictory Relief
  • Collective Bargaining
  • Urgency In Labour Disputes
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Delict [2023] ZASCA 85

Minister of Police and Others v Umbhaba Estates (Pty) Ltd and Others (1281/2021)

Minister of Police and Others v Umbhaba Estates (Pty) Ltd and Others (1281/2021) [2023] ZASCA 85; [2023] 9 BLLR 880 (SCA); (2023) 44 ILJ 2462 (SCA) (1 June 2023)

The Supreme Court of Appeal held that the police failed in their constitutional and statutory duties to prevent violence and damage to property during the strike at Umbhaba Estates. The police were repeatedly notified of the escalating situation and were made aware of court orders requiring intervention, yet their response was inadequate and fell short of what reasonable police officers would have done. The court found that both wrongfulness and negligence were established: the police's omission to act was unacceptable to constitutional and public policy standards, and the harm was reasonably…

  • Wrongful And Negligent Omission
  • Public Order Policing
  • Strike Related Violence
  • Constitutional Duty Of Police
  • Liability For Omission
  • Enforcement Of Court Orders
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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.