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South Africa decisions
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Ditsoane v ACWA Power Africa Holdings (Pty) Ltd (JS 259/2017) [2022] ZALCJHB 345 (7 December 2022)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect that another court would differ on the withdrawal and reinstatement issues.
Association of Mineworkers and Construction Union (AMCU) and Others v Tshipi 'E Manganese Mining (PTY) LTD (JS 754/2020) [2022] ZALCJHB 338; (2023) 44 ILJ 516 (LC) (1 December 2022)
The Labour Court ordered the first applicant to pay costs after the union withdrew an unfair-discrimination claim shortly before trial.
Ditsoane v Acwa Power Africa Holdings (PTY) (JS 259/2017) [2022] ZALCJHB 299 (24 October 2022)
The Labour Court dismissed an application to set aside a notice of withdrawal, finding the delay in reviving the dispute was inordinate and prejudicial.
Ditsoane v ACWA Power Africa (Pty) Ltd (JS 259/2017) [2022] ZALCJHB 1 (31 January 2022)
The Labour Court condoned the applicant’s late filing of an affidavit, finding the delay was adequately explained and that the matter should proceed on the interlocutory roll.
Gower and Another v Tol and Others (4236/2014) [2017] ZAECGHC 10 (1 February 2017)
The court held that costs should follow the result for each distinct claim rather than awarding an arbitrary percentage of total costs. The approach adopted in Golding was preferred, as it allows the taxing master to accurately calculate costs attributable to each claim. The plaintiffs must pay the defendants' costs for the withdrawn Will claim, and the defendants must pay the plaintiffs' costs for the successful improvements claim. The amended settlement agreement between the plaintiffs and the first and seventh defendants was made an order of court.
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Ntshangase v Transnet National Ports Authority (P379/12) [2015] ZALCPE 54 (26 June 2015)
The Labour Court dismissed an application to refer an unfair labour practice dispute to arbitration after the applicant had withdrawn the related discrimination claim.
Levy v Levy (494/89) [1991] ZASCA 81; 1991 (3) SA 614 (AD); [1991] 2 All SA 407 (A) (30 May 1991)
The Supreme Court of Appeal held that the plaintiff should have been permitted to withdraw her particulars of claim, as there was no abuse of process. Upon withdrawal, the defendant's counterclaim became the main claim, and the plaintiff's envisaged counterclaim was permissible as a response. The court confirmed that South African law does not allow a counterclaim to a counterclaim unless the main claim is withdrawn. The court further held that, under the Divorce Act 70 of 1979, once irretrievable breakdown is established, the court lacks discretion to refuse a decree of divorce. The plaintif…
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