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South Africa decisions
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Motau v Minister of Health and Others [2023] ZAGPPHC 190; 43355/2021 (22 March 2023)
Leave to appeal was refused after the court held that Dr Motau’s suspension was rational and that his grounds did not meet the Superior Courts Act threshold.
Fihlani v Ingquza Hill Local Municipality and Others (652/19) [2019] ZAECMHC 14 (12 March 2019)
The court found that the applicant failed to establish a prima facie right to resume his duties as Municipal Manager while suspended, as the lawfulness of the suspension and the instruction he refused to implement remain to be determined in the review proceedings. The suspension is a precautionary measure permitted by both contract and legislation, and there is no evidence of imminent irreparable harm that would justify interim relief. The balance of convenience favours the employer’s right to conduct an unhindered investigation, and the applicant has alternative remedies available. Consequen…
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Dintwe v Ditsobotla Local Municipality and Another (J65/16) [2016] ZALCJHB 24 (29 January 2016)
The Labour Court granted leave to execute an earlier order setting aside the applicant’s suspension, pending the municipality’s application for leave to appeal.
SAMWU obo Nkanjeni v Acting Municipal Manager and Another (P309/15) [2015] ZALCPE 52 (13 October 2015)
The court found that the applicant failed to establish the necessity for urgent relief, as any harm to his reputation, integrity, and dignity resulting from suspension was not irreparable and could be remedied if he was exonerated. The perception of guilt by members of his church was deemed premature and unreasonable. The court held that damage to reputation alone does not justify urgent intervention, and the application was struck from the roll for lack of urgency.
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Fani v Buffalo City Metropolitan Municipality and Others (P322/15) [2015] ZALCPE 46 (8 October 2015)
The Labour Court struck an urgent application from the roll because the applicant delayed for 21 days and failed to explain why urgent relief was needed.
Elsdon v South African Red Cross Society and Another (J1048/13) [2013] ZALCJHB 105 (4 June 2013)
The court found that the dispute over the constitutional status of the Society's Governing Body could not be resolved on the papers and, following the Plascon-Evans rule, determined the matter on the respondents' version. On that basis, Dlamini remained President and the Governing Body retained authority. The applicant, as Secretary General and ex-officio member, was not entitled to the protection of clause 5.10 regarding suspension or removal, as that clause applies only to elected officials. Her suspension and exclusion from the workplace were lawful under her employment contract and labour…
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Greater Taung Local Municipality v Bloem (J840/11) [2011] ZALCJHB 223 (24 June 2011)
The Labour Court discharged a rule nisi sought by a municipality to keep an employee away from its premises, finding the factual basis for final interdict relief inadequate.
Tigerls v Development Bank of Southern Africa and Others (J 2242/10B) [2011] ZALAC 2 (1 March 2011)
The court dismissed an urgent application to set aside an employee’s suspension and to enforce an earlier order, finding no clear contempt or unfair labour practice.
POPCRU obo Mbokane v Minister of Correctional Service and Another (JR 133/2011) [2011] ZALCJHB 173 (3 February 2011)
The court held that while the audi alteram partem rule applies to suspensions, the right to be heard must be founded in contract, collective agreement, or statute. The applicant failed to establish a clear legal right to a hearing prior to suspension, as no such foundation was articulated. Even if such a right existed, the court found that the individual applicant was provided with sufficient information to make meaningful representations regarding the proposed suspension. The charges were adequately set out in the letter of suspension, and the process met the requirements of procedural fairn…
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SAMWU obo Mathabela v Dr JS Moroka Local Municipality (J2242/10) [2011] ZALCJHB 195 (28 January 2011)
The court held that the respondent is contractually bound to constitute the disciplinary enquiry in accordance with the individual applicant's contract of employment, which expressly incorporates the disciplinary code and procedure of the South African Local Government bargaining council. The respondent's appointment of practising legal practitioners as chairperson and prosecutor is a breach of these contractual terms, as the contract requires such appointments to be made from specified ranks excluding legal practitioners. The respondent's arguments regarding impossibility and jurisdiction we…
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