Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Chabalala and Another v Mabunda Traditional Council and Others (2060/2024) [2025] ZALMPPHC 58 (25 March 2025)
The High Court granted a final interdict stopping disputed land allocations and levy collection in Siyandhani, while making demolition relief subject to a rule nisi.
Sorrell v Petroplan Sub-Saharan Africa (Pty) Ltd (CA02/23) [2024] ZALCCT 45 (4 October 2024)
The Labour Appeal Court held that the Labour Court correctly found it lacked territorial jurisdiction over the appellant's claims. The appellant's workplace, as defined in the Independent Contractor Agreement and confirmed by his own evidence, was Mozambique. The fact that the respondent's principal place of business is South Africa and that the appellant worked from home due to delays and visa issues did not alter the contractual and factual position that the services were to be rendered in Mozambique. The Court reaffirmed that jurisdiction is determined by the location of the physical workp…
Source excerpt
Sorrell v Petroplan Sub-Saharan Africa (Pty) Ltd (CA02/2023) [2024] ZALAC 48; [2024] 12 BLLR 1285 (LAC); (2025) 46 ILJ 128 (LAC) (4 October 2024)
The Labour Appeal Court held that the Labour Court's territorial jurisdiction is determined by the location of the physical workplace where the employee renders services, not by the location of the employer's business or the place where the employment contract was concluded. The appellant's Independent Contractor Agreement specified Mozambique as the workplace, and his services were to be performed for clients in Mozambique and the United Kingdom. Although the appellant worked from home in South Africa due to delays and visa issues, this did not alter the contractual and factual position that…
Source excerpt
KTS General Trading CC v Madibeng Local Municipality and Others (UM 212/2023) [2023] ZANWHC 225 (1 December 2023)
The court found that the North West Division does not have territorial jurisdiction over the Madibeng magisterial district, including Brits, as this area falls under the jurisdiction of the Gauteng Division of the High Court according to government notices and authoritative case law. The applicant's principal place of business is in Limpopo, and its branch office in Brits does not confer jurisdiction on this court. The argument that services are rendered within the area is irrelevant for jurisdictional purposes under section 21 of the Superior Courts Act. The applicant was forewarned of the l…
Source excerpt
Sorrel v Petroplan Sub-Sahara Africa (Pty) Ltd (C590/2021) [2023] ZALCCT 3; [2023] 3 BLLR 271 (LC); (2023) 44 ILJ 894 (LC) (19 January 2023)
The Labour Court lacks territorial jurisdiction over claims where the actual workplace and the undertaking in which the employee was engaged are outside South Africa. The applicant's contract envisaged that his services would be rendered in Mozambique for the respondent's clients, and although he worked from home in South Africa due to COVID-19 and visa delays, the intended and principal workplace was Mozambique. The court rejected the reasoning in MECS Africa v CCMA, finding that the place where the employer conducts its business or recruits labour does not determine jurisdiction. The releva…
Source excerpt
Mahosi and Another vs Afribiz Invest Collin and Others (033262/19) [2022] ZAGPJHC 1032 (28 December 2022)
The court found that the immovable property and the cause of action arose in Limpopo Province. According to established legal principles, the court within whose territorial jurisdiction the property is situated has exclusive jurisdiction over disputes concerning title, ownership, possession, or real rights in immovable property. The South Gauteng High Court, Johannesburg, therefore lacks jurisdiction to entertain the dispute. The application was dismissed on this basis without consideration of the merits.
Source excerpt
Wetsuits South Africa (Pty) Ltd t/a Reef Wetsuits v South Cone Inc and Others (4806/19) [2021] ZAWCHC 151; 2021 BIP 10 (WCC); [2021] HIPR 177 (WCC) (22 June 2021)
The High Court held that the respondents infringed the applicant’s REEF trade marks, rejected waiver and jurisdiction objections, and dismissed a counter-application.
Advent Oil (Pty) Ltd v Vuletjeni Trading and Projects (Pty) Ltd (4262/2019) [2021] ZAMPMBHC 35 (21 June 2021)
The Mbombela Main Seat of the Mpumalanga Division does not have territorial jurisdiction over matters arising in the area of Emalahleni, which falls under the Middleburg Local Division, as determined by Government Gazette No. 42420 and the Superior Courts Act. The respondent's registered office was in Emalahleni at the time the application was issued, and the absence of an objection to jurisdiction does not confer jurisdiction where it is lacking. In the interest of justice and in accordance with section 27 of the Superior Courts Act, the proceedings must be removed to the Middleburg Local Di…
Source excerpt
Motaung v Barloworld Equipment (Pty) Ltd and Others (PR97/2018) [2019] ZALCPE 19 (31 October 2019)
The Labour Court reviewed and set aside a CCMA jurisdictional ruling because factual disputes about employment status and transfer were decided without oral evidence.
Maquba v Minister of Police (45/2012) [2016] ZAECMHC 34 (23 August 2016)
The court held that jurisdiction in claims against the State is not determined by the plaintiff's station or residence, but by where the breach of the right occurred and where the relief sought can be effectively enforced. Since the plaintiff's salary was paid and the alleged underpayment occurred in Butterworth, the Eastern Cape High Court, Mthatha, has territorial jurisdiction. The principle of effectiveness and the location where the right vests are decisive. The defendant's special plea was dismissed as the court found it had jurisdiction to adjudicate the matter.
Source excerpt
Explore more
