South Africa Case Law

Manamela v National Commissioner, South African Police Service and Others (2024-096651)

Manamela v National Commissioner, South African Police Service and Others (2024-096651) [2024] ZAGPPHC 1034 (11 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-096651

Judge

N P Mngqibisa-Thusi

The High Court upheld an urgent application, uplifted the applicant’s suspension, and interdicted a board of inquiry pending review and appeal processes.

• Suspension Of Public Official
• Interim Interdict
• Joinder Of Parties
• Contempt Of Court
• Urgency In Motion Proceedings
• Urgent-application

Mako v SA Local Government Bargaining Council and Others (JR327/21)

Mako v SA Local Government Bargaining Council and Others (JR327/21) [2024] ZALCJHB 270 (15 July 2024)

Court

Labour Court Johannesburg

Case number

JR156/22

Judge

RN Daniels

The court found that the applicant's grounds for review were without merit. The arbitrator's evaluation of the evidence was reasonable, and the applicant's version was inconsistent and improbable. The refusal to allow a further witness, while incorrect in principle, did not materially affect the fairness of the proceedings or the outcome, as the evidence was not put to the employer's witnesses and was irrelevant to the central issue. The absence of a pre-suspension hearing did not render the dismissal procedurally unfair, as suspension was precautionary. The applicant failed to demonstrate th…

Source excerpt

• Review Of Arbitration Award
• Procedural Fairness
• Disciplinary Hearing
• Suspension
• Institutional Bias

Dyakala v Emfuleni Local Municipality and Others (2023-090199)

Dyakala v Emfuleni Local Municipality and Others (2023-090199) [2023] ZAGPJHC 1337 (17 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-090199

Judge

Phahlamohlaka

Urgent application to set aside municipal disciplinary proceedings and dismissal failed for lack of urgency, insufficient detail in the papers, and risk of conflicting orders.

• Disciplinary Proceedings
• Urgent Interdict
• Municipal Employment
• Suspension Of Senior Manager
• Review Of Dismissal
• Urgent-application

Ralushai and Others v KwaZulu-Natal Provincial Executive Committee of the South African Clothing and Textile Workers Union and Another (D9549/2019)

Ralushai and Others v KwaZulu-Natal Provincial Executive Committee of the South African Clothing and Textile Workers Union and Another (D9549/2019) [2023] ZAKZDHC 46 (21 July 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D9549/2019

Judge

Mossop

The High Court dismissed an urgent union-discipline application as largely moot, and ordered the applicants to pay costs jointly and severally.

• Union Discipline
• Suspension Of Membership
• Mootness
• Costs Award
• Union-discipline
• Costs-order

Aminto Precast and Civil Engineering CC v CCMA and Others (JR 790/22)

Aminto Precast and Civil Engineering CC v CCMA and Others (JR 790/22) [2023] ZALCJHB 55; [2023] 6 BLLR 521 (LC); (2023) 44 ILJ 1491 (LC) (17 March 2023)

Court

Labour Court Johannesburg

Case number

JR 790/22

Judge

G N Moshoana

The court held that a lay-off implemented due to operational requirements does not amount to a suspension as contemplated by section 186(2)(b) of the Labour Relations Act. The commissioner erred in law by conflating lay-off with suspension and thereby incorrectly assumed jurisdiction to arbitrate the dispute. The statutory definition of unfair labour practice is closed and does not include lay-offs unless they are disciplinary in nature or arise from protected disclosures. As the conduct complained of did not fall within the statutory definition, the CCMA lacked jurisdiction and the arbitrati…

Source excerpt

• Unfair Labour Practice
• Suspension
• Lay Off
• Jurisdiction Of Ccma
• Operational Requirements
• Arbitration Review

Department of Health: Eastern Cape v Du Preez and Others (PR58/19)

Department of Health: Eastern Cape v Du Preez and Others (PR58/19) [2022] ZALCPE 18 (31 August 2022)

Court

Labour Court Port Elizabeth

Case number

PR58/19

Judge

Z. Lallie

Labour Court dismissed a review of an arbitration award finding the respondents’ suspension unfair and awarding compensation and unpaid remuneration.

• Unfair Labour Practice
• Suspension
• Compensation
• Review Of Arbitration Award
• Unfair-labour-practice
• Review-of-arbitration-award

NEHAWU obo Matshexana and Others v Department of Higher Education and Others (P09/20)

NEHAWU obo Matshexana and Others v Department of Higher Education and Others (P09/20) [2021] ZALCPE 14 (8 December 2021)

Court

Labour Court Port Elizabeth

Case number

P09/20

Judge

Z Lallie

The court found that the applicants' suspension had been formally lifted prior to the arbitration award and that they had reported for duty as instructed. The applicants failed to prove non-compliance with the award, as the conduct complained of after the upliftment of suspension did not fall within the scope of section 158(1)(c) of the LRA. The application to make the arbitration award an order of court was therefore dismissed, as its purpose is to enforce awards where there is non-compliance, which was not established in this case.

Source excerpt

• Unfair Labour Practice
• Arbitration Award Enforcement
• Suspension
• Section 158 Lra

Sinto v Mintek SOC LTD (J3320/18)

Sinto v Mintek SOC LTD (J3320/18) [2018] ZALCJHB 441 (14 September 2018)

Court

Labour Court Johannesburg

Case number

J3320/18

Judge

Mahosi

Urgent Labour Court application dismissed: the applicant failed to show urgency, a clear right to attend a Germany study tour, or lack of an alternative remedy.

• Unfair Labour Practice
• Urgent Interdict
• Alternative Remedy
• Suspension
• Benefits
• Urgent-interdict

Phahlane and Another v Emfuleni Local Municipality (J2024/17)

Phahlane and Another v Emfuleni Local Municipality (J2024/17) [2017] ZALCJHB 326 (12 September 2017)

Court

Labour Court Johannesburg

Case number

J2024/17

Judge

B Whitcher

An urgent application challenging a precautionary suspension was dismissed. The Labour Court held the real complaint was an unfair labour practice better referred to the bargaining council.

• Unfair Labour Practice
• Suspension
• Jurisdiction
• Collective Agreement
• Urgency Requirements
• Labour-law

Johannesburg Society of Advocates v Van Blankenberg (2012/29828)

Johannesburg Society of Advocates v Van Blankenberg (2012/29828) [2015] ZAGPJHC 340 (21 January 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2012/29828

Judge

M Victor

The High Court suspended an advocate for six months after finding an inaccurate certificate was carelessly drafted, but not shown to be a deliberate lie.

• Fit And Proper Person
• Striking Off Roll
• Admission Of Advocates Act
• Professional Misconduct
• Suspension Of Practitioner
• Advocate-discipline