South Africa Case Law

Letsoalo v Road Accident Fund and Another (086260/2025)

Letsoalo v Road Accident Fund and Another (086260/2025) [2025] ZAGPPHC 663 (26 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

086260/2025

Judge

GN Moshoana

The court found that the Board's decision to suspend the applicant was a lawful exercise of contractual power under clause 21 of the fixed term contract, not an administrative action subject to PAJA or constitutional reasonableness. The Disciplinary Policy did not apply to the applicant's suspension, as his conditions of employment were determined by the Board and not by policies he approved as CEO. The applicant failed to establish a prima facie right to re-appointment or any imminent irreparable harm, rendering the application for interim interdict unsustainable. The authority of the respon…

Source excerpt

• Precautionary Suspension
• Fixed Term Contract
• Authority To Act
• Interim Interdict
• Costs Order
• Unlawful Suspension

Dr AB Xuma Local Municipality v Delihlazo and Others (Leave to Appeal) (3883/2024)

Dr AB Xuma Local Municipality v Delihlazo and Others (Leave to Appeal) (3883/2024) [2025] ZAECMHC 54 (19 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3883/2024

Judge

Nobatana

The High Court dismissed a municipality’s application for leave to appeal against a ruling that precautionary suspensions were unlawful.

• Precautionary Suspension
• Collective Agreement
• Legality Review
• Unlawful Suspension
• Superior Courts Act
• Costs Order

Vilakazi v Mpumalanga Tourism and Parks Agency and Others (J2025/067794)

Vilakazi v Mpumalanga Tourism and Parks Agency and Others (J2025/067794) [2025] ZALCJHB 216 (13 June 2025)

Court

Labour Court Johannesburg

Case number

J2025/067794

Judge

AH Shene

The Labour Court dismissed an urgent application to uplift a long suspension, holding that the matter was res judicata, outside its jurisdiction, and not urgent.

• Unlawful Suspension
• Urgent Application
• Res Judicata
• Jurisdiction Of Labour Court
• Costs Award
• Unlawful-suspension

Sibanyoni v Speaker of City of Mbombela (2025/0209203)

Sibanyoni v Speaker of City of Mbombela (2025/0209203) [2025] ZALCJHB 195 (22 May 2025)

Court

Labour Court Johannesburg

Case number

2025/0209203

Judge

Daniels

Urgent final relief over a precautionary suspension failed after the Labour Court found the application was launched too late and lacked urgency.

• Precautionary Suspension
• Disciplinary Hearing
• Urgency Requirements
• Unlawful Suspension
• Urgency
• Urgent-applications

Vilakazi v Mpumalanga Tourism and Parks Agency and Others (2024/115406)

Vilakazi v Mpumalanga Tourism and Parks Agency and Others (2024/115406) [2024] ZALCJHB 437 (22 October 2024)

Court

Labour Court Johannesburg

Case number

2024/115406

Judge

R Itzkin

Urgent application challenging a CEO’s suspension beyond 60 days was dismissed. The Labour Court held the suspension was lawful and the disciplinary code was not contractual.

• Precautionary Suspension
• Disciplinary Code
• Unlawful Suspension
• Urgent Relief
• Contractual Nature Of Policies
• Precautionary-suspension

Nkamuhayo and Another v Butler and Others (072648/2023)

Nkamuhayo and Another v Butler and Others (072648/2023) [2023] ZAGPPHC 728 (24 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

072648/2023

Judge

Adams

The High Court declared precautionary suspension notices invalid and interdicted a director from obstructing two applicants, but refused delinquency relief under section 162.

• Delinquent Director
• Precautionary Suspension
• Section 162 Companies Act
• Interdict
• Unlawful Suspension
• Delinquent-director

South African Municipal Workers Union obo Makofane v Matjhabeng Municipality and Another (JA122/21)

South African Municipal Workers Union obo Makofane v Matjhabeng Municipality and Another (JA122/21) [2023] ZALAC 22; [2023] 11 BLLR 1177 (LAC); (2023) 44 ILJ 2692 (LAC) (17 August 2023)

Court

Labour Appeal Court

Case number

JA122/21

Judges

Waglay JP, Coppin JA, Tokota AJA

The Labour Appeal Court dismissed an appeal over an alleged suspension, finding the appellant was kept from work by bail conditions and had not proved jurisdiction.

• Jurisdiction Of Labour Court
• Unlawful Suspension
• Onus Of Proof
• Municipal Systems Act
• Disciplinary Regulations For Senior Managers
• Labour-court-jurisdiction

Matshidiso v Chief Executive Officer - South African Social Security Agency and Another (J 1175/2022)

Matshidiso v Chief Executive Officer - South African Social Security Agency and Another (J 1175/2022) [2022] ZALCJHB 365 (29 September 2022)

Court

Labour Court Johannesburg

Case number

J 1175/2022

Judge

Lagrange

The Labour Court struck the matter from the roll for lack of urgency, holding that financial hardship alone was insufficient and no exceptional circumstances were shown.

• Urgency In Labour Applications
• Incapacity Leave
• Ill Health Retirement
• Unlawful Suspension
• Salary Non Payment
• Urgency-in-labour-applications

Dlamini v MEC for Education Kwazulu Natal (D 23/2022)

Dlamini v MEC for Education Kwazulu Natal (D 23/2022) [2022] ZALCD 35 (6 August 2022)

Court

Labour Court Durban

Case number

D 23/2022

Judge

Govender

The court found that the applicant's suspension was unlawful as the employer failed to comply with its own disciplinary code and policies, and there was no valid basis for continued suspension after the disciplinary hearing was finalised. The applicant resumed duties and was then suspended again without justification, amounting to an abuse of power and fruitless expenditure. The Labour Court has jurisdiction to grant relief in exceptional circumstances where no alternative remedy exists and substantial prejudice is suffered. The court determined that the applicant's case presented compelling…

Source excerpt

• Unlawful Suspension
• Urgent Interdict
• Disciplinary Code Compliance
• Jurisdiction Of Labour Court

Nxele v National Commissioner: Department of Correctional Services and Another (D303/2022)

Nxele v National Commissioner: Department of Correctional Services and Another (D303/2022) [2022] ZALCD 32 (2 August 2022)

Court

Labour Court Durban

Case number

D303/2022

Judge

Allen-Yaman

The Labour Court held that Nxele’s suspension had lapsed, and ordered his disciplinary enquiry converted into a section 188A(11) inquiry by arbitrator.

• Precautionary Suspension
• Protected Disclosure
• Section 188a Inquiry
• Lis Alibi Pendens
• Unlawful Suspension
• Costs Award