South Africa Case Law

Brain Gear Investments (Pty) Ltd and Others v Buhle Waste (Pty) Ltd and Another (102/2023; 103/2023; 108/2023; 110/2023)

Brain Gear Investments (Pty) Ltd and Others v Buhle Waste (Pty) Ltd and Another (102/2023; 103/2023; 108/2023; 110/2023) [2024] ZASCA 168 (5 December 2024)

Court

Supreme Court of Appeal

Case number

102/2023;103/2023;108/2023;110/2023

Judges

Mocumie, Schippers, Weiner, Molefe, Coppin

The SCA upheld a review of Mbombela’s 2018 approval of Silulumanzi’s change of control because the municipality failed to oversee and consult as required.

• Promotion Of Administrative Justice Act
• Municipal Oversight
• Broad Based Black Economic Empowerment
• Water Services Concession
• Review Of Administrative Action
• Unreasonable Decision

Department of Defence v Thamaga N.O (JR 899/19)

Department of Defence v Thamaga N.O (JR 899/19) [2022] ZALCJHB 93; [2022] 8 BLLR 723 (LC) (30 March 2022)

Court

Labour Court Johannesburg

Case number

JR 899/19

Judge

Moshoana

The Labour Court held that the application to review the disciplinary sanction imposed by the chairperson must be considered under a legality review, focusing on reasonableness and rationality. The sanction of a final written warning, coupled with an order for repayment, was found to be appropriate for the charge of negligent mismanagement, which did not involve dishonesty or fraud. The court emphasized that progressive discipline is a corrective measure and that dismissal is not automatically warranted for negligence, especially as a first offence. The court further found that the delay in l…

Source excerpt

• Legality Review
• Disciplinary Sanctions
• Progressive Discipline
• Administrative Action
• Unreasonable Decision
• Rationality

Kubheka v Commission for Conciliation, Mediation and Arbitration and Others (JR472/16)

Kubheka v Commission for Conciliation, Mediation and Arbitration and Others (JR472/16) [2016] ZALCJHB 510 (15 December 2016)

Court

Labour Court Johannesburg

Case number

JR472/16

Judge

Van Niekerk

The Labour Court refused condonation for a late review application, finding a 175-day delay in filing was not reasonably explained and that prospects of success were minimal.

• Condonation
• Late Filing Of Review
• Prospects Of Success
• Practice Manual
• Unreasonable Decision
• Disciplinary Dismissal

Tom v PHSDSBC and Others (C 347/2012)

Tom v PHSDSBC and Others (C 347/2012) [2013] ZALCCT 39 (29 October 2013)

Court

Labour Court Cape Town

Case number

C 347/2012

Judge

Van Niekerk

The Labour Court dismissed a review of a condonation ruling, holding that the commissioner’s refusal to excuse a very late referral was reasonable.

• Condonation Of Late Referral
• Review Of Arbitration Award
• Prospects Of Success
• Unreasonable Decision
• Gross Irregularity
• Labour-law