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South Africa decisions
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Umhlathuze Local Municipality v South African Municipal Workers Union and Others (2025/095121) [2025] ZALCCT 50 (2 July 2025)
Urgent strike interdict application struck off for non-compliance with section 68(3) of the LRA and lack of urgency; costs awarded against the municipality.
Sibanyoni v Speaker of City of Mbombela (2025/0209203) [2025] ZALCJHB 195 (22 May 2025)
Urgent final relief over a precautionary suspension failed after the Labour Court found the application was launched too late and lacked urgency.
Erga Investments Ltd v Hi-Q Automative (Pty) Ltd and Another (074694/2024) [2024] ZAGPJHC 950 (20 September 2024)
The High Court struck an urgent application from the roll for lack of factual detail supporting urgency under Rule 6(12)(b), awarding costs.
Govender v Minister of Justice and Constitutional Development and Others (2024/088827) [2024] ZAGPJHC 779 (20 August 2024)
The High Court struck an urgent application from the roll after finding the applicant had not justified the extreme urgency or shown prejudice from transfer to another correctional centre.
Body Corporate of Grand Rapids v City of Johannesburg Metropolitan Municipality and Another (007691/2024) [2024] ZAGPPHC 61 (29 January 2024)
Urgent application to compel reconnection of water was dismissed for lack of urgency and because the alleged billing dispute had been resolved.
Van Der Westhuizen v Oraclemed Health Investments (Pty) Ltd (J1330/2023) [2024] ZALCJHB 47 (26 January 2024)
Labour Court strike-off application was dismissed for lack of jurisdiction and urgency after the employee’s dismissal during protected-disclosure related proceedings.
Dladla v National Consumer Tribunal and Another (J1535/2023) [2023] ZALCJHB 311 (10 November 2023)
The court found that the applicant's pleadings established a contractual dispute regarding the extension of his precautionary suspension, and that the Labour Court had jurisdiction to determine such matters. However, the applicant failed to adequately substantiate the urgency of the application, as the alleged harm to reputation and dignity is not sufficient to warrant urgent relief, particularly where the applicant remains on full pay and the disciplinary process is ongoing. The omission of a prayer for urgency in the notice of motion was not fatal, but the application did not meet the requi…
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Jonker v De Wee and Others (1859/2023) [2023] ZANCHC 73 (3 November 2023)
The High Court dismissed urgent interim relief sought by a municipal manager challenging rescission of his permanent appointment, but ordered a partial costs contribution.
Khumalo v Master of High Court Johannesburg and Another (2023/095270) [2023] ZAGPJHC 1158 (9 October 2023)
Urgent application dismissed where the applicant failed to prove urgency, a clear right to interdict relief, or harm warranting suspension of a letter of executorship.
Letsholonyane v Minister of the Department of Human Settlements and Another (J616/2023) [2023] ZALCJHB 249; (2023) 44 ILJ 2757 (LC) (14 August 2023)
The court found that the applicant's dismissal was unlawful, effected without compliance with her contract and the SMS Handbook, and that the Minister acted as victim, prosecutor, and executioner. The applicant demonstrated exceptional circumstances due to her age, imminent retirement, loss of income, and the unlawful conduct of the respondents. The harm she would suffer if the order was suspended would be irreparable, as any eventual reinstatement would be meaningless. The respondents failed to show they would suffer irreparable harm, as they retained the right to discipline the applicant in…
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