South Africa Case Law

Nkosi v Minister of Water and Sanitation and Another (J802/2022)

Nkosi v Minister of Water and Sanitation and Another (J802/2022) [2025] ZALCJHB 152 (25 April 2025)

Court

Labour Court Johannesburg

Case number

J802/2022

Judge

Molotsi

The court found that the applicant's contract was terminated based on a settlement agreement that was prima facie unlawful and resulted in unjustified financial benefit to the applicant, contrary to the CCMA arbitration award and public service regulations. The Director-General's termination was not supported by proper authority, but the court declined to exercise its discretion to grant a declaratory order due to the irregular and unlawful nature of the underlying agreement and the squandering of public funds. Furthermore, the Labour Court lacks jurisdiction under the LRA to declare a termin…

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• Unlawful Termination
• Fixed Term Contracts
• Settlement Agreement
• Public Service Regulations
• Jurisdiction Of Labour Court

Bojosinyane v Ditsobotla Local Municipality and Others (2025/013682)

Bojosinyane v Ditsobotla Local Municipality and Others (2025/013682) [2025] ZALCJHB 87; (2025) 46 ILJ 1350 (LC) (28 February 2025)

Court

Labour Court Johannesburg

Case number

2025/013682

Judge

M Makhura

The Labour Court found that the Municipality's unilateral termination of the applicant's contract amounted to unlawful self-help and was void ab initio. The Municipality was not entitled to disregard the contract based on its own belief of invalidity; only a court of law can set aside such an appointment. The principle of legality and the rule of law require that public officials follow proper judicial processes rather than resorting to self-help. The applicant's contract of employment remains valid and in force, and he is entitled to resume his duties as municipal manager. The Labour Court h…

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• Unlawful Termination
• Self Help
• Municipal Manager Appointment
• Specific Performance
• Principle Of Legality

Chauke v Pan African Languages Board (2023-066564)

Chauke v Pan African Languages Board (2023-066564) [2025] ZAGPPHC 179 (18 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-066564

Judge

Lenyai

The High Court dismissed an application to declare an employment termination invalid, holding that the applicant relied on a prior judgment that was not in his favour and failed to plead a proper cause of action.

• Unlawful Termination
• Specific Performance
• Court Order Compliance
• Employment-termination
• Cause-of-action
• Founding-affidavit

Molupe v Nala Local Municipality and Another (1711/2023)

Molupe v Nala Local Municipality and Another (1711/2023) [2025] ZAFSHC 39 (4 February 2025)

Court

Free State High Court, Bloemfontein

Case number

1711/2023

Judge

Daniso

The court found that the applicant failed to prove his entitlement to damages, as the claim was illiquid and not suitable for determination by motion proceedings. The applicant did not provide sufficient evidence to quantify the damages, and the respondents' contentions regarding deductions and mitigation were not addressed. Regarding the review application, the court held that the Systems Act and 2014 Regulations relied upon by the respondents were constitutionally invalid and unenforceable at the time of the applicant's appointment. Therefore, the respondents could not rely on those provisi…

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• Unlawful Termination
• Review Of Administrative Action
• Condonation Of Delay
• Appointment Requirements
• Unliquidated Damages
• Constitutional Invalidity

Solidarity obo De Villiers v Council for Medical Schemes (JS147/21)

Solidarity obo De Villiers v Council for Medical Schemes (JS147/21) [2024] ZALCJHB 433 (15 November 2024)

Court

Labour Court Johannesburg

Case number

JS147/21

Judge

Naidoo

The Labour Court dismissed a special plea of lis alibi pendens, holding that a review of an arbitration award and a contractual claim for unlawful termination are different causes of action.

• Lis Alibi Pendens
• Unlawful Termination
• Specific Performance
• Review Of Arbitration Award
• Lis-alibi-pendens
• Unfair-dismissal

Sanoj Jeewan v Transnet SOC Limited and Another (696/2023)

Sanoj Jeewan v Transnet SOC Limited and Another (696/2023) [2024] ZASCA 108 (4 July 2024)

Court

Supreme Court of Appeal

Case number

696/2023

Judges

Molemela, Weiner, Molefe, Koen, Seegobin

The Supreme Court of Appeal held that the appellant's claim for contractual and delictual damages based on unlawful termination of employment arose on the date of dismissal, 14 May 2010. The cause of action was complete at that time, as the appellant was aware of the alleged unfairness and the identity of the debtor. The subsequent referral to arbitration did not interrupt or delay prescription for the common law claim, as the arbitration concerned unfair dismissal under the Labour Relations Act, not damages for breach of contract. The claim was thus prescribed under section 11(d) of the Pres…

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• Prescription Act Section 11d
• Unlawful Termination
• Breach Of Employment Contract
• Jurisdiction Of High Court
• Res Judicata
• Biowatch Principle

Lephuthing and Another v Maluti a Phofung Water SOC Limited and Others (J507/24)

Lephuthing and Another v Maluti a Phofung Water SOC Limited and Others (J507/24) [2024] ZALCJHB 209 (21 May 2024)

Court

Labour Court Johannesburg

Case number

J507/24

Judge

Molotsi

The court held that the applicants failed to meet the requirements for urgency under Rule 8 of the Labour Court Rules. The applicants did not provide sufficient reasons why they could not obtain substantial redress in due course, relying instead on general statements about financial hardship, dignity, and alleged unlawfulness. The court emphasized that neither claims for specific performance nor allegations of unlawful termination automatically attract urgency. The applicants did not attach their contracts of employment or prove a breach, and failed to distinguish their circumstances from tho…

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• Urgent Application
• Specific Performance
• Unlawful Termination
• Rule 8 Labour Court
• Disciplinary Procedure

Afrocentric IP (Pty) Ltd v Buffalo City Metropolitan Municipality and Others (EL575/2024)

Afrocentric IP (Pty) Ltd v Buffalo City Metropolitan Municipality and Others (EL575/2024) [2024] ZAECELLC 33 (15 April 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL575/2024

Judge

B Hartle

The court granted interim relief only against termination of the applicant’s service level agreement, but refused to interdict the municipality’s RFQ-based appointment of another provider.

• Interim Interdict
• Municipal Procurement
• Unlawful Termination
• Service Level Agreement
• Promotion Of Administrative Justice Act
• Interim-interdict

Cape Town City Football Club v Matsi and Others (JR96/2022)

Cape Town City Football Club v Matsi and Others (JR96/2022) [2024] ZALCJHB 130; [2024] 5 BLLR 492 (LC) (13 March 2024)

Court

Labour Court Johannesburg

Case number

JR96/2022

Judge

T Venter

The Labour Court has jurisdiction to review private arbitration awards in employment disputes under section 157(3) of the LRA, provided the dispute was cognizable under the LRA at the outset. The applicant's failure to plead reliance on section 33 of the Arbitration Act was not fatal, as the substance of the application was a review. The arbitrator acted within his powers, applied the correct legal principles, and conducted fair proceedings. The arbitrator's determination that the termination of the contract was unlawful and a breach was supported by the evidence, including the failure to com…

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• Review Of Private Arbitration
• Operational Requirements Dismissal
• Unlawful Termination
• Section 33 Arbitration Act
• Section 157 3 Lra
• Costs Award

SAMWU obo Lehole and Others v Calvin Security Services (Pty) Ltd and Another (J 1062/2023)

SAMWU obo Lehole and Others v Calvin Security Services (Pty) Ltd and Another (J 1062/2023) [2023] ZALCJHB 241 (10 August 2023)

Court

Labour Court Johannesburg

Case number

J 1062/2023

Judge

Van Niekerk

The court found that the applicants failed to establish a prima facie right to interim relief. The evidence showed that the employment contracts expired by effluxion of time, and there was no sufficient case for novation or unlawful termination in contractual terms. The union's reliance on section 77(3) of the BCEA was misplaced, as it does not confer substantive rights regarding termination. The dispute was essentially about a refusal to re-employ rather than termination, and the appropriate remedy would have been under the unfair dismissal provisions of the LRA, which the applicants did not…

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• Agency Shop Agreement
• Termination Of Fixed Term Contract
• Prima Facie Right
• Unlawful Termination
• Section 77 Bcea
• Interim Interdict