South Africa Case Law

Jansen v North West Department of Education and Others (2025/032845)

Jansen v North West Department of Education and Others (2025/032845) [2025] ZALCJHB 158 (17 April 2025)

Court

Labour Court Johannesburg

Case number

2025/032845

Judge

G Mafa-Chali

The court found that the applicant failed to demonstrate genuine urgency in her application. Although she was informed on 20 January 2025 that her retirement withdrawal was refused, she delayed filing the application until 10 March 2025 and instead pursued further correspondence, which undermined her claim of urgency. The court held that urgency must not be self-created and that applicants must act promptly when their rights are affected. The applicant's reliance on constitutional principles and potential financial hardship did not suffice to establish urgency, as she did not act with the req…

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• Public Service Act
• Retirement Notice Withdrawal
• Delegation Of Authority
• Urgency In Litigation
• Specific Performance
• Employment Contract Termination

Letsoalo v Kgetleng Local Municipality and Others (4204/2024)

Letsoalo v Kgetleng Local Municipality and Others (4204/2024) [2024] ZANWHC 250 (8 October 2024)

Court

North West High Court, Mafikeng

Case number

4204/2024

Judge

Motsatsi

The High Court dismissed an urgent challenge to a municipal manager’s precautionary suspension, finding the council had a reasonable basis under Regulation 6 and awarded costs.

• Precautionary Suspension
• Municipal Manager Discipline
• Regulation 6 Compliance
• Urgency In Litigation
• Precautionary-suspension
• Municipal-manager-discipline

Nyalunga v Municipal Manager: Ehlanzeni District Municipality and Others (J771/24)

Nyalunga v Municipal Manager: Ehlanzeni District Municipality and Others (J771/24) [2024] ZALCJHB 307 (8 August 2024)

Court

Labour Court Johannesburg

Case number

J771/24

Judge

M Makhura

The Labour Court struck off an urgent employment dispute and counter-application, finding the applicant failed to properly show urgency or a clear right.

• Fixed Term Employment Contract
• Urgency In Litigation
• Final Interdict
• Declaratory Relief
• Urgency-in-litigation
• Final-interdict

Road Accident Fund v Commission for Conciliation, Mediation And Arbitration and Others (J701/16)

Road Accident Fund v Commission for Conciliation, Mediation And Arbitration and Others (J701/16) [2016] ZALCJHB 297 (8 August 2016)

Court

Labour Court Johannesburg

Case number

J701/16

Judge

Tlhotlhalemaje

The court held that an order striking a matter off the roll for lack of urgency is not appealable under section 166(1) of the Labour Relations Act, as it lacks finality and does not dispose of the parties' rights or a substantial portion of the relief claimed. The applicant remains entitled to re-enroll the matter if urgency is established or to pursue the relief in the ordinary course. Remarks made on the merits within the judgment do not constitute definitive findings and do not render the order final. Consequently, there is no basis for granting leave to appeal.

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• Appealability Of Orders
• Urgency In Litigation
• Striking Off The Roll
• Finality Of Orders

Metallon Corporation (Pty) Ltd v Maans and Others (J2833/07)

Metallon Corporation (Pty) Ltd v Maans and Others (J2833/07) [2008] ZALCJHB 90 (24 January 2008)

Court

Labour Court Johannesburg

Case number

J2833/07

Judge

Molahlehi

The Labour Court dismissed an urgent application to stay execution of an arbitration award, finding the alleged urgency was self-created.

• Urgency In Litigation
• Stay Of Execution
• Enforcement Of Arbitration Award
• Review Of Arbitration Award
• Urgency-in-litigation
• Stay-of-execution